Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BlackElk
In your former capacity, you were quite subject to the rule of law, and especially so as a government official. That is more than can be said for the border volunteers.

Either cite specific examples of how they are breaking the law or retract. You are bordering on slander here.

394 posted on 01/16/2003 7:12:42 AM PST by dirtboy
[ Post Reply | Private Reply | To 373 | View Replies ]


To: dirtboy
You have trouble with the English language. The fellow to whom I was posting is apparently a former government employee of the GOVERNMENT's border control bureaucracy. The agency he would have worked for is, no doubt, established by statute, governed by statutes and the constitution, hemmed in by court decisions, governed by a mountain or so of complicated regulations (known to the impatient and those with little use for ordered liberty as "red tape").

The, ummmm, (charitably speaking) border volunteers are some sort of law unto themselves. They are not created by statute whatever they may think. They may be individually or collectively made subject to the law if they transgress: i.e., if they go overboard, the Ku Klux Klan Act of 1869 is available as is RICO. There are no specific regs as there are for government agents and agencies (those acting under "color of law" as the term of legal art has it.) What we have instead is an, ummmm, mindset reflected by: "See border statute. See immigration statute. See government do what it does best: nothing much. Need private sector self-appointed poobahs to instruct government and DEMAND law enforcement according to personal opinions of poobahs as to law. Constitution be darned! Full speed ahead! Knuckles painful: remember to stop dragging! Etc., etc., etc."

May the full moon be over soon!

I have also previously pointed out to you that, under American law, there is no recognizeable cause of action for group defamation. Examples of group defamation which are never actionable: ["Illegals" are ruining our country! Prosecutors who refuse to obey border mania practitioners and choke the courts with 3 million or 8 million cases per year of allegedly illegal immigration are lawbreakers! The government officials are violating the constitution by not obeying border moon madness.!]

Each of the foregoing is an untrue statement about one GROUP or another. The falsity is only one of the elements of actionable defamation. If the statement in any of those cases were found true, the action would fail in any event because groups CANNOT be defamed in any actionable sense.

You don't know what you are talking about. That is also one of the dangers of the desert version of self-appointed keystone kops or the private F troop..

405 posted on 01/17/2003 11:24:51 AM PST by BlackElk (Viva Cristo Rey)
[ Post Reply | Private Reply | To 394 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson