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To: Scoutmaster; Hugin; GOPJ
One of several threads on the topic. How Many Crimes Did the New Black Panthers Commit in Florida? . There are multiple potential state charges. Federal? Well, Holder Charges Kidnapping Solicitation of White Supremacist, Not New Black Panthers , that's charged on occasion too.

And yes, the Panthers can argue they were just joshing, like the poll watchers.

30 posted on 04/09/2012 7:45:37 PM PDT by SJackson (As a black man, you know, Barack could get shot going to the gas station, M Obama)
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To: SJackson; GOPJ; rolling_stone
The thread you cited refers to laws that 'may' have been violated, or 'potential' claims.

As an attorney, when I see a statute, my first thought is 'how have the courts of that state interpreted the statute?"

When it comes to solicitation, courts will have already decided what elements suggest solicitation and what elements don't. For example - and let's play the parade of horribles - if I were to say I'd pay $100 billion for somebody to kill my best friend with Zabondian 253 Transmogrifier, and announce it on national television - that's not going to be criminal solicitation.

For anybody to offer $100 billion is generally not going to be solicitation. The amount's so high that no reasonable person is going to believe there was an actual offer of payment that could be accepted.

No offer to kills with a Zam-whatever-it-was is going to be a solicitation, because no reasonable person should believe that such a Transmogrifier exists. And of course you have the problem with it being announced in such a public medium, which suggests that I didn't intend it to be an illegal solicitation, but instead, a bombastic exercise of free speech and not a serious statement.

So we know there's line and not all statements offering money to kill are solicitation. Courts help set up guidelines for how and where you draw the line.

If a 'solicitation' is so bombastic that a reasonable person wouldn't believe it - it's likely not a solicitation. Now, the party may still be in trouble if somebody acts in reliance on it, but the party's not in trouble for saying it.

If the BP made this offer in a less general format - if they had targeted it to an individual or to a specific group - it looks more like a solicitation. If they hadn't made it so publicly, it looks more like a solicitation. Is it possible to press charges? Yes. Is it possible to view the broadside as a bombastic exercise of First Amendment Rights and not an actual solicitation of Zimmerman's death? Yes.

What do I personally think? I think the BP wanted Zimmerman dead. But I think they can hide behind the First Amendment as cowards, until they have a closer nexus with the recipient of solicitation, or until somebody acts on the broadside. Just my legal analysis, because it's perfectly clear that not every 'solicitation' is a 'solicitation.'

I'm not interested in arguing. If you would like to have a different opinion, feel free to do so.

35 posted on 04/10/2012 7:14:05 AM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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