Posted on 08/21/2013 11:13:04 AM PDT by fwdude
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.
No court can do so in a way that's akin to actual repeal...a repeal lawfully carried out in the way set forth in the Constitution itself.But at least one court can so so in a defacto fashion.And if Osama Obama gets many more shots at nominating a SCOTUS justice that *will* happen *much* sooner rather than later.
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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The Republican House of Representatives should impeach the judge for this ruling because it is clearly in violation of the words and intent of the Constitution. To rule in this manner indicates he is incompetent and a danger to the Republic.
This would be a terrific issue for the Republican House to throw at the Democrat Senate. Impeach this judge for this atrocity and any more anti-Constitution far left rulings he has made since arriving on the bench. Put Harry Reid and the Democrats in the Senate in a position of defending a judge for acting directly against the fundamental freedoms. Let the left wing media howl. Demonstrate to the people the Republican Party supports the Constitution and individual freedom.
The GOP has been cowering in the corner for 5 years. Either get on the offensive and get the electorate stirred up or accept the boundaries placed on the opposition by the media and the Democrats.
Unfortunately, Boehner doesn’t have the leadership ability to take on this type of reasonable defense of the Constitution, must less the guts to stand up to the inevitable media storm the impeachment of a leftist judge would provoke.
The hour is becoming late. If the GOP doesn’t take a stand for freedom soon, there will be nothing to defend.
“There are limits to the 1st Amendment. Not being allowed to yell fire in a crowded theater is one.”
Unless there is a fire, I suppose? Rodney King? I was working nights, and saw the first time the video “beating” was aired. Quite different from what aired a couple hours later!
Those are excellent examples. And yes, we definitely need more information.
Here’s something I picked up on ATS Wikipedia:
“...This statute is notable for having allowed U.S. courts to hear human-rights cases brought by foreign citizens for conduct committed outside the United States. However the Supreme Court ruled in 2013 that the Alien Tort Statute does not apply to corporate defendants nor conduct which occurred outside of the United States, in the case of Kiobel v. Royal Dutch Petroleum.[1]”
http://en.wikipedia.org/wiki/Alien_Tort_Statute
It’s hard to believe this will go much further, since Lively was in Uganda. I wonder if his ministry is incorporated.
mohammed was also possessed by demons, when he wrote sections of the koran, by his own admission in the text.
Agreed. The Fed judge is just disregarding the new SCOTUS decision, but it really does cut the legs out from under SMUG’s jurisdictional argument. What the Ugandan parliament decides to do legislatively after taking testimony from a US evangelist is between Ugandan leadership and their people, at least as far as our judiciary is concerned. Especially when Lively argued for greater leniency than what that parliament finally came up with.
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