SC - Brandu-:-) -OT

[Peters, Rise J.]

In a message dated 98-01-07 09:54:04 EST, Ras wrote:

>> On the 11
lists I subscribe to nearly everyone had refence to this ot that is illegal
yesterday. Not a single reference ot such supposed illegal activity 
specified
"in the USA" and all of them have international members. What a hoot!

>>If I tho't there was any problem with you or your list <sca-distilling> I
would simply unsubscribe. You do a bang-up job with distilling. ;-) Besides 
I
tho't Puck was the BAFT agent...<glancing about innocently>

>>Ras (who after all is mundanely an employee of the Pennsylvania Liquor 
Control
Board and who agrees with Thomas Jefferson that a citizen is under no
obligation to obey a bad law.)


I'd also add that there was an earlier post that referred to "incitement" to 
criminal activity as being outside First Amendment protections.  My general 
impression is that "incitement" under the case law requires the equivalent 
of "let's go burn the house down, come on, let's go!" or "string him up, 
there's a tree!"  There was a recent case involving incitement in which a 
book on how to perform contract killings was held to lie outside First 
Amendment protections, and that case does support the proposition that 
"here's details on how to get away with an illegal act" is unprotected 
speech.  But there's a difference between details on how to kill people and 
get away with it and, for example, a simple assertion that the federal 
government is unlikely to catch on to very small-scale distilling.

But I'd agree that we get bogged down in discussions of legality, usually 
begun and concluded by non-experts, much more often than is desirable.  And 
since criminal law, health codes, and the like vary as much between states 
as they do between the US and other jurisdictions, it rarely profits us 
much.

Rise (who plays a lawyer as her day job)


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