> -----Original Message----- > From: Nick McClure [mailto:cf-lists@;king-nacho.com] > Sent: Wednesday, October 23, 2002 1:38 PM > To: CF-Community > Subject: RE: TERRORISM RE: How free are we? > > > Yes, the government will label you a terrorist, but that is why it is > time to abolish it.
Just make sure you don't advocate violence in doing so, that was made illegal in the "Gee Wally, the govt. sure is swell." anti-communist era: Case: DENNIS V. UNITED STATES Case #: 341US494 NO. 336. ARGUED DECEMBER 4, 1950. - DECIDED JUNE 4, 1951.- 183 F.2D 201, AFFIRMED. 1. AS CONSTRUED AND APPLIED IN THIS CASE, SECS. 2(A)(1), 2(A)(3) AND 3 OF THE SMITH ACT, 54 STAT. 671, MAKING IT A CRIME FOR ANY PERSON KNOWINGLY OR WILLFULLY TO ADVOCATE THE OVERTHROW OR DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE, TO ORGANIZE OR HELP TO ORGANIZE ANY GROUP WHICH DOES SO, OR TO CONSPIRE TO DO SO, DO NOT VIOLATE THE FIRST AMENDMENT OR OTHER PROVISIONS OF THE BILL OF RIGHTS AND DO NOT VIOLATE THE FIRST OR FIFTH AMENDMENTS BECAUSE OF INDEFINITENESS. PP. 495-499, 517. 2. PETITIONERS, LEADERS OF THE COMMUNIST PARTY IN THIS COUNTRY, WERE INDICTED IN A FEDERAL DISTRICT COURT UNDER SEC. 3 OF THE SMITH ACT FOR WILLFULLY AND KNOWINGLY CONSPIRING (1) TO ORGANIZE AS THE COMMUNIST PARTY A GROUP OF PERSONS TO TEACH AND ADVOCATE THE OVERTHROW AND DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES BY FORCE AND VIOLENCE, AND (2) KNOWINGLY AND WILLFULLY TO ADVOCATE AND TEACH THE DUTY AND NECESSITY OF OVERTHROWING AND DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE AND VIOLENCE. THE TRIAL JUDGE INSTRUCTED THE JURY THAT THEY COULD NOT CONVICT UNLESS THEY FOUND THAT PETITIONERS INTENDED TO OVERTHROW THE GOVERNMENT "AS SPEEDILY AS CIRCUMSTANCES WOULD PERMIT" BUT THAT, IF THEY SO FOUND, THEN, AS A MATTER OF LAW, THERE WAS SUFFICIENT DANGER OF A SUBSTANTIVE EVIL THAT CONGRESS HAS A RIGHT TO PREVENT TO JUSTIFY APPLICATION OF THE STATUTE UNDER THE FIRST AMENDMENT. PETITIONERS WERE CONVICTED AND THE CONVICTIONS WERE SUSTAINED BY THE COURT OF APPEALS. THIS COURT GRANTED CERTIORARI, LIMITED TO THE QUESTIONS: (1) WHETHER EITHER SEC. 2 OR SEC. 3 OF THE SMITH ACT, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES THE FIRST AMENDMENT AND OTHER PROVISIONS OF THE BILL OF RIGHTS; AND (2) WHETHER EITHER SEC. 2 OR SEC. 3, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES THE FIRST AND FIFTH AMENDMENTS BECAUSE OF INDEFINITENESS. HELD: THE CONVICTIONS ARE AFFIRMED. PP. 495-499, 511-512, 517. FOR THE OPINIONS OF THE JUSTICES CONSTITUTING THE MAJORITY OF THE COURT, SEE: OPINION OF THE CHIEF JUSTICE, JOINED BY MR. JUSTICE REED, MR. JUSTICE BURTON AND MR. JUSTICE MINTON, P. 495. OPINION OF MR. JUSTICE FRANKFURTER, P. 517. OPINION OF MR. JUSTICE JACKSON, P. 561. FOR THE DISSENTING OPINION OF MR. JUSTICE BLACK, SEE P. 579. FOR THE DISSENTING OPINION OF MR. JUSTICE DOUGLAS, SEE P. 581. DENNIS ET AL. V. UNITED STATES. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. THE CASE IS STATED IN THE OPINION OF THE CHIEF JUSTICE, PP. 495-499. AFFIRMED, P. 517. MR. CHIEF JUSTICE VINSON ANNOUNCED THE JUDGMENT OF THE COURT AND AN OPINION IN WHICH MR. JUSTICE REED, MR. JUSTICE BURTON AND MR. JUSTICE MINTON JOIN. PETITIONERS WERE INDICTED IN JULY, 1948, FOR VIOLATION OF THE CONSPIRACY PROVISIONS OF THE SMITH ACT, 54 STAT. 671, 18 U.S.C. (1946 ED.) SEC. 11, DURING THE PERIOD OF APRIL, 1945, TO JULY, 1948. THE PRETRIAL MOTION TO QUASH THE INDICTMENT ON THE GROUNDS, INTER ALIA, THAT THE STATUTE WAS UNCONSTITUTIONAL WAS DENIED, UNITED STATES V. FOSTER, 80 F.SUPP. 479, AND THE CASE WAS SET FOR TRIAL ON JANUARY 17, 1949. A VERDICT OF GUILTY AS TO ALL THE PETITIONERS WAS RETURNED BY THE JURY ON OCTOBER 14, 1949. THE COURT OF APPEALS AFFIRMED THE CONVICTIONS. 183 F.2D 201. WE GRANTED CERTIORARI, 340 U.S. 863, LIMITED TO THE FOLLOWING TWO QUESTIONS: (1) WHETHER EITHER SEC. 2 OR SEC. 3 OF THE SMITH ACT, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES THE FIRST AMENDMENT AND OTHER PROVISIONS OF THE BILL OF RIGHTS; (2) WHETHER EITHER SEC. 2 OR SEC. 3 OF THE ACT, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES THE FIRST AND FIFTH AMENDMENTS BECAUSE OF INDEFINITENESS. ED.) SECS. 10, 11(SEE PRESENT 18 U.S.C. SEC. 2385), PROVIDE AS FOLLOWS: "SEC. 2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON - "(1) TO KNOWINGLY OR WILLFULLY ADVOCATE, ABET, ADVISE, OR TEACH THE DUTY, NECESSITY, DESIRABILITY, OR PROPRIETY OF OVERTHROWING OR DESTROYING ANY GOVERNMENT IN THE UNITED STATES BY FORCE OR VIOLENCE, OR BY THE ASSASSINATION OF ANY OFFICER OF ANY SUCH GOVERNMENT; "(2) WITH INTENT TO CAUSE THE OVERTHROW OR DESTRUCTION OF ANY GOVERNMENT IN THE UNITED STATES, TO PRINT, PUBLISH, EDIT, ISSUE, CIRCULATE, SELL, DISTRIBUTE, OR PUBLICLY DISPLAY 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; ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/cf_community This list and all House of Fusion resources hosted by CFHosting.com. 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