Friday, August 19, 2005

Volokh on 1st Amendment and Treason

Saw this item at Instapundit which links to this item over at VC.

I think that political free speech is broadly protected and only crosses the line to treason in Volokh's scenarios number four and five.
4. Speech is unprotected only when the speaker has the purpose of aiding the enemy, and is coordinating his speech with the enemy.
5. Speech is unprotected only when the speaker has the purpose of aiding the enemy, and is actually employed by the enemy.
It is one thing to criticize the government and that is fair game. Michael Moore, can't stand him, has every right to make whatever movies he wants and give speeches and that is within the First Amendment.

However, when that effort is coordinated by or paid for knowingly with the stated enemy then that is too far.

Reynold's cited example doesn't seem to fall into category five. It might fall into category four but that might be hard to prove in a court of law. However, such an example might be prosecuted under some other statues? After all, you can't yell, "Fire!" in a crowded public place. Under what law is that person prosecuted?

0 Comments:

Post a Comment

Links to this post:

Create a Link

<< Home