They [Pastor Lively's beliefs] are, according to Judge Ponsor, “analogous to a terrorist designing and manufacturing a bomb in this country, which he then mails to Uganda with the intent that it explode there.”
For a serious discussion of the process, see Leftwing Word Games & Religious Freedom.
If nothing else, it points up how critical it is for the Senate to carefully examine judicial appointments.
William Flax
I seem to recall from Joyce's Portrait of the Artist as a Young Man that "smugging" was boarding-school slang for sodomy-related activities. Adorable as always, those poofter groups.
And by the way, no ruling by a court can nullify the First Amendment. But the First Amendment can, and will, nullify many a court. Let the games begin.
Mohammed was a Child Rapist.
Bears repeating every time someone tries to shut down the First Amendment.
Judge Michael Ponsor needs to be tarred and feathered and then run out of town on a rail as the enemy of liberty he is declaring himself to be.
He’s a BillyBob appointee.That explains everything.
A link to the Judge’s written opinion would be helpful.
I did a legal internship with Liberty Counsel. They are good people with a good track record of winning First Amendment cases. With them in his corner, Lively has an excellent chance of surviving this challenge.
BTW, their business model relies mostly on supporter contributions for certain high profile, hgh impact cases, like this one, so they can put up a good fight even if the client is stone cold broke. Something to thnk about if you have any loose change floating around. It’s one thing to do verbal battle with the defeatist trolls that inhabit these parts, but it takes real money to wage an effective legal battle, even for a good cause like this. Just sayin ...
This judge should be disbarred. I guess that all practicing Catholics including the Pope are also committing sins against humanity. What a schmuck!
There are limits to the 1st Amendment. Not being allowed to yell fire in a crowded theater is one. Speaking out in a way that incites a riot is another.
Back in 1992 I supported, and still support, the idea that Maxine Waters and others should have been held criminally responsible for her part in inciting the Rodney King riots. The same is true for Al Sharpton and the Freddies Fashion Mart murder.
Had there been Trayvon Martin riots last month I would have supported arresting Sharpton, Jesse Jackson and many others on the Left (including in the press) for incitement.
So this Lively situation needs more context and details. If he was actively drumming up violence he should be held accountable for any repercussions. Emphasis on “actively”, of course.
Since this is a case under the Alien Torts Statute then I highly doubt the First Amendment applies/is relevant.
This article is deceiving. There is no ruling yet.
The case HAS NOT even gone to trial.
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While noting that SMUG’s allegations must be proved at trial, Judge Ponsor wrote in his decision that “they are sufficient, as allegations, to state a claim for the commission of a crime against humanity against” Lively. He referred the case to Magistrate Judge Kenneth P. Neiman for pretrial scheduling.
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Looks like an another attempt to extend the notion of vicarious liability. The allusion to RICO by this judge is interesting. Sure, that law was used to bring down the Italian Mob, so people think it’s a good thing and necessary tool for law enforcement. There have been unintended consequences that have had huge detriment to liberty, and more only now manifesting.
Day by day, the metaphors of the slippery slope and the camel’s nose become more obviously true.