Tax rebel can't sell his book, judge rules

first ammendment center.org ^ | 6.21.03 | The Associated Press

[freepatriot32]

LAS VEGAS — A tax protester may not sell his book that contends paying income tax is voluntary, a federal judge ruled June 16.

U.S. District Judge Lloyd D. George wrote in an order banning the book that Irwin Schiff is not protected by the First Amendment because he has encouraged people not to pay taxes.

"There is no protection ... for speech or advocacy that is directed toward producing imminent lawless action," George wrote in support of the preliminary injunction on the book, The Federal Mafia: How It Illegally Imposes and Unlawfully Collects Income Taxes.

The Internal Revenue Service claims Schiff has 3,100 clients attempting to evade $56 million in taxes.

Government attorneys have argued Schiff had been advocating the "false and frivolous position that paying federal income taxes is voluntary," and one called it one of the largest tax scams in U.S. history.

Schiff said the judge's order was wrong on all counts and he planned to appeal to the 9th U.S. Circuit Court of Appeals in San Francisco.

"There's a reason why my book is called The Federal Mafia and this is a perfect example," he said. "The government has just thrown the First Amendment out of the window, and if anybody can't see that they should be declared legally blind."

Schiff has been convicted twice on tax charges since 1978.

The IRS raided Schiff's office Feb. 11, and the government later filed a civil complaint against him and two associates in March. George issued a temporary order March 19 against Schiff, ordering him to stop selling his book, lecturing and giving seminars.

The latest ruling, in effect indefinitely, means Schiff, 75, cannot sell his book through his Web sites or the Las Vegas, Nev., office of his company, Freedom Books. The order also prohibits Schiff and his associates from preparing tax returns for others or assisting in tax preparation.

The American Civil Liberties Union of Nevada filed a friend-of-the-court brief saying Schiff's expression of his opinions should not be outlawed.

"It is unfortunate that the judge did not see the First Amendment violation," ACLU lawyer Allen Lichtenstein said. Lichtenstein also said the injunction only limits Schiff from distributing the book.

"There's a bit of irony that the injunction prevents Mr. Schiff from distributing the book but doesn't prevent anybody else" from doing so, he said. "One has to wonder what's the point since the book is clearly available to the public."

Eileen J. O'Connor, assistant Attorney General in charge of the Justice Department's Tax Division in Washington, D.C., praised the judge's ruling.

"Today's order is another in the long line of court orders stopping the sale of fraudulent tax scams," she said.

[EGPWS]

Is there that many "stupid" people in this country to enable this guy to actually make money selling this book? If so God help the USA.

[szweig]

Hold on a minute here...if Schiff is wrong about taxes then the Gubmint would opt NOT to keep him from publishing. This way they would get more penalties from the foolish faithful and raise more buck$, no? Only if what he says has a kernel of truth would they be so loathe to allow him to press on. Food for thought...

[Modernman]

So in other words I couldn't publish a manuscript that encouraged people to go on a tax strike protest against the gov't? (ie to not pay their taxes as a way of protesting gov't policy)

You couldn't publish a book encouraging people to kill IRS agents as a form of tax protest, either. I don't know exactly what this guy wrote, but I'm guessing it's on the order of telling people what steps to take so as to evade taxes. Now, if he had written a book claiming that income tax is unconstitutional and the law should be changed, no problem. However, he has no right to publish a "how-to" guide to breaking the law.

[templar]

Your argument is bogus. The real reason you can't yell fire is that you are infringing on the theater owner's property rights;...

Oh hogwash! The reason has nothing to do with property rights and you darn well know it (it's just as illegal for the theater owner to do it). It's because it presents a clear and present danger to public saftey. Go see a lawyer if you're actually dumb enough to believe it's a property rights matter and get a bit of education.

[DannyTN]

"There's a reason why my book is called The Federal Mafia and this is a perfect example," he said. "The government has just thrown the First Amendment out of the window, and if anybody can't see that they should be declared legally blind."

I agree that this is a violation of the first admendment. However, I think the guy should be held liable for each and every person who reads his book and fails to file their taxes. As well as every frivolous lawsuit filed as a result.

If he is saying anything that is not truthful, then criminal charges of fraud should apply.

[Modernman]

Can he yell "FIRE" in a crowded theater?Your argument is bogus. The real reason you can't yell fire is that you are infringing on the theater owner's property rights; or trying t incite a riot or civil disturbance. Not at all similar.

Your speech in the crowded theater example is actually closer to conduct, which is not generally protected by the 1st amendment. Yelling "FIRE" doesn't project any sort of idea, so it really isn't speech. Here, this guy is giving people a guide as to how to violate the law. It's a type of speech, but it's not protected by the 1st Amendment and can therefore be banned.

[KG Peiper]

Hold on a minute here...if Schiff is wrong about taxes then the Gubmint would opt NOT to keep him from publishing.

Now your getting the picture, this is more coverup by your big goverment friendly watchdogs. Fact is, his book exposes the truth, hence, ban it.

[templar]

However, he has no right to publish a "how-to" guide to breaking the law.

It's not even a genuine how to guide. It's nonsense that he presents as the truth and that gets a lot of people in serious trouble. the view of one of his victims

[DannyTN]

"It's at least as honest as Hil's tome and she gets police escorts to promote her swill. "

I suspect they are both frauds and the should both get police escorts...to the penn.

[gaucho]

I didn't realize that the US is becoming the USSR because this judge belongs in the Soviet Union or China or any number of places where there is no freedom of speech. Of course, this judge will probably get b!tch slapped in an appeal, but it's still troubling that judges like this one (who must have flunked Constitutional Law 101) are allowed on the bench. Then again, maybe he was "bribed" by the IRS.

It's one thing to express yourself by speaking, writing or other means and another issue entirely for somebody else to act upon those words (which could well be a crime).

[Copernicus]

Can he yell "FIRE" in a crowded theater? As the Judge ruled: "There is no protection ... for speech or advocacy that is directed toward producing imminent lawless action," .

Good point. We should cut the tongue off everyone who frequents a place of public accomodation so they can't yell "fire" in a crowded theatre.

Then when fire breaks out everyone will be "safe" because everyone will be "muzzled"

Best regards,

[templar]

So in other words I couldn't publish a manuscript that encouraged people to go on a tax strike protest against the gov't?

You cannot advocate illegal activities with the intention of causing them to occur. Period. You cannot advocate killing, raping, stealing, kidnapping, illegal parking, or any other illegal act in a manner that is designed solely to cause people to carry out these acts and to aid them is doing so. It's the law.

[solitas]

...A tax protester may not sell his book that contends paying income tax is voluntary, a federal judge ruled June 16...

...Government attorneys have argued Schiff had been advocating the "false and frivolous position that paying federal income taxes is voluntary,"...

um, it seems to ME that all this judge has to do is quote, chapter and verse, the irs reg that states that paying taxes is mandatory; and, for all I can see, no one has DONE that yet.

Does anyone KNOW the c&v that disproves Mr. Schiff's point?

[templar]

Good point. We should cut the tongue off everyone who frequents a place of public accomodation so they can't yell "fire" in a crowded theatre.

The point was good. Your reply is, IMO, rather stupid. I'm certain you're capable of better reasoning than this. Try again?

[Final Authority]

Why do you think the liberal and conservative judges have not shut down NAMBLA but desires to stifle Schiff? Because they know Schiff has a case and NAMBLA is actually only a nuisance in the bigger picture.

[FreedomCalls]

"There is no protection ... for speech or advocacy that is directed toward producing imminent lawless action,"

By this standard, Martin Luther King, Jr's speeches urging non-violent civil disobedience (that is disobedience in violation of the law -- like sitting in the front of the bus -- an action which was illegal for a black person) in Birmingham were not protected speech under this court's ruling. Incredible.

[nothingnew]

However, he has no right to publish a "how-to" guide to breaking the law.

Oh. You mean like the ALF and ELF books? Right?

FMCDH

[ActionNewsBill]

You cannot advocate illegal activities with the intention of causing them to occur. Period.

So you are saying that this, and other books like it should be illegal to sell?

Indoor Marijuana Horticulture

I don't see a federal judge stopping this from being sold.

[templar]

and, for all I can see, no one has DONE that yet.

Follow Schiff's advice and you'll get it proven to you real quick like. In court. And you'll pay a rather high price for the proof. See the link in #28. Schiff has gotten a lot of people in trouble with his stuff.

[big bad easter bunny]

What if what he is saying is true? I will never know unless I can read for myself. The first amendments guarantee is to stop any body from making judgments for me. I should be allowed to read any thing that will not harm national security. It is very possible that the federal income tax is a total charade. The government has not right. What they will do how ever is help him in the long run. People want what they are told they can not have. The second the book is in a PDF file it will be every where in a heart beat making it far more prolific. This was dumb on the judges’ part if he is against the book. If however he actually wants the IRS to crumble he may have just accelerated it into happening.