Time to place Sarah Louise Palin under arrest. Advocating overthrow of Government is not FREE SPEECH

[Hawkeye-X]

18 U.S.C. 2385 - Advocating overthrow of Government. Which in part reads;

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

K&R if you agree with this post.

[FLDCVADem]

1. Dumb idea n/t

[Hawkeye-X]

4. Why?

I'm listening.

[FLDCVADem]

6. Because using the term "revolution"

is not the same as calling for the overthrow of the government as outlined in the code.

If it is, half the people on DU would have to be arrested and charged as well.

[47of74]

2. K and R

Nip it in the bud now.

[DaveinJapan]

3. What exactly did she say that prompted this? nt

[Hawkeye-X]

5. Here.

http://hosted.ap.org/dynamic/stories/U/US_PALINS_PEOPLE?SITE=OHCOL&SECTION=HOME&TEMPLATE=DEFAULT

Palin tells 'tea party': It's revolution time NASHVILLE, Tenn. (AP) -- Sarah Palin declared "America is ready for another revolution" and repeatedly assailed President Barack Obama on Saturday before adoring "tea party" activists. They make up a seemingly natural constituency should she run for president.

"This movement is about the people," the 2008 GOP vice presidential nominee said as the crowd roared. "Government is supposed to be working for the people."

Palin note Democrats' electoral losses since Obama took office a year ago with talk of hope and promises of change and asked: "How's that hope-y, change-y stuff workin' out for you?"

[Electric Monk]

10. She was really just indirectly telling the teabaggers to sit and spin?

It's an out...

[gristy]

7. I don't believe Palin did any of the things in your OP

[Bjorn Against]

8. As much as I dislike Sarah Palin I do support our first amendment rights

If they could arrest Sarah Palin based on nothing but a very vague call to "revolution" then they would certainly find a reason to put a lot of people in our side in jail as well.

[lib2DaBone]

9. She is whipping the mindless to action.....

..At least someone will act? Heaven knows.. the DEMS have NO BALLS and they refuse to stand up to the right-wing media....

If you are waiting for Harry Reid or Nancy Pelosi.... you will grow old waiting....

[Cruzan]

11. The key point about the statute is the repeated use of

the phrase "force or violence." It is the advocating of the use of force or violence to overthrow the government that is illegal. Advocating government overthrow by nonviolent and non forceful means is perfectly legal.

[Zoeisright]

12. Oh, that is NOT what she means.

When repukes talk about 'revolution', what they mean is they want some crazy right wing asshole to start shooting. Don't kid yourself.

[FLDCVADem]

13. Then by all means

let's start arresting people not for what they actually say or do but what we *just know* they really mean.

Damn that pesky First Amendment...

[Name removed]

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[Electric Monk]

19. David Kelly?

http://news.bbc.co.uk/2/hi/6390981.stm

[Bjorn Against]

27. George Tiller was assassinated very recently

If you are talking solely about Presidents however then there has not been a Presidential assassination for decades now, but threats have been at an all time high since Obama took office. Those threats are coming almost exclusively from the right-wing.

[opihimoimoi]

14. K n R ....its 3rd Congress....treason and unpatriotic....The Crime::its death by Hanging

[Political Heretic]

16. Oh for fucks sake.

Give me a friggen break.

Hell, I TOTALLY advocate the overthrow of the government.

Come get me jackass.

:eyes:

[deacon]

20. And, they want to 'take our country back...to bush years' n/t

[BluDemocratGirl]

21. Don't place her under arrest......

Place her UNDER A BUS!

[sakabatou]

23. Better yet....

Let her run as the Republican candidate.

[Name removed]

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[JustinL]

22. The Smith Act? You're over 50 years behind the times.

There have been no prosecutions under the Smith Act since 1957, when the Supreme Court rendered its decisions in Yates v. United States and Watkins v. United States.

[Biker13]

24. Ah, That Pesky 1st Amendment...

Unrec.

[Wizard777]

25. SCOTUS has ruled that is free speech.

You may even advocate the violent over throw of the government as long as the violence never manifests. Frankly I think there is a stronger case of Conspiracy to operate a house of child prostitution against James O'Keefe and Hanna Giles.