Book banning

Author: fauxlaw

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fauxlaw
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@HistoryBuff
So we already have limits on speech.
The limit is not on speech. The limit is your acceptance that there are consequences for which one is responsible. Don't you get it? YOU decide whether to be civil, or not. If not, you are obligated to accept consequences. The truth is, little happens to us that is not the result of our own thoughts and actions. Do not ignore personal responsibility in your attempt to censor others.
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@fauxlaw
The limit is not on speech. The limit is your acceptance that there are consequences for which one is responsible. Don't you get it? YOU decide whether to be civil, or not. If not, you are obligated to accept consequences. 
ok. so your point is that it is fine to imprison an author for things they write, but not to ban the book? what an odd line to draw. 

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@HistoryBuff
Conspiracy to commit a crime, is itself a crime.
As said, no, that is not criminal conspiracy.
1. For criminal conspiracy to be an indictable offense, two or more people must be involved in the conspiracy. A lone person thinking to commit a crime is not guilty of conspiracy to commit a crime. One does not conspire with one's self.
2. All conspirators must have specific intent to commit the crime. If two people conspire to rob a bank, and convince a third to be their driver, but do not tell the driver the intent of their visit to the bank, the driver is not part of the conspiracy and cannot be so charged.
3. In most States, there must be some definitive, purposeful action toward the commission of the crime by at least one of the conspirators, such as buying masks to rob the back in point #2. Until that overt act, there is no indictable criminal conspiracy.
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@fauxlaw
1. For criminal conspiracy to be an indictable offense, two or more people must be involved in the conspiracy. A lone person thinking to commit a crime is not guilty of conspiracy to commit a crime. One does not conspire with one's self.
I was using this as an example of how speech is already limited. If two people have a discussion about committing a crime, then that is itself a crime. The speech itself is the crime. Therefore extending this to cover a single person telling large numbers of people to commit a crime would be reasonable. 

2. All conspirators must have specific intent to commit the crime. If two people conspire to rob a bank, and convince a third to be their driver, but do not tell the driver the intent of their visit to the bank, the driver is not part of the conspiracy and cannot be so charged.
ok. but in my example the person writing that other people should go out and commit a crime has the intent to get others to commit a crime. so not an issue. 

3. In most States, there must be some definitive, purposeful action toward the commission of the crime by at least one of the conspirators, such as buying masks to rob the back in point #2. Until that overt act, there is no indictable criminal conspiracy.
writing a book telling people to commit a crime is a purposeful act towards getting others to commit a crime. So also not really an issue. 

fauxlaw
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@HistoryBuff
ok. so your point is that it is...
No, that is not my point. If I write about committing a crime, pursuant to my comments in post #33, with whom have I conspired? I have written a book. I have no idea who will purchase and read it. I have no idea what they will do with that information. Further, I have no idea what they will do about having that information. And if that information is publicly available, and I have just researched and cited such information, what is my crime? I have conspired with no one. You need to review what the law says, not what you think.
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@HistoryBuff
For criminal conspiracy to be an indictable offense...
You cannot parse those three points regarding criminal conspiracy, and indict on their separate commission. In most States, all three must be in play before a crime is declared to have occurred, even before the crime described by the conspiracy has taken place. It's a difficult threshold to achieve before that conspired crime has occurred, and only upon demonstration of all three points can all three points be declared in the indictment. 
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@HistoryBuff
writing a book telling people to commit a crime
Does my book tell people to go commit a crime? Do I look like I'm wearing a clown suit? DO NOT assume my motive. I'm merely describing a scenario. I'm not telling anyone to go do it. That action is entirely on them. "The devil made me do it" is not a valid defense. 
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@fauxlaw
No, that is not my point. If I write about committing a crime, pursuant to my comments in post #33, with whom have I conspired
It was an example of speech that is already criminal. Obviously this would be different. I am not saying that writing a book is conspiracy. But writing a book telling people to commit crimes is comparable. 

 You need to review what the law says, not what you think.
jesus man, how many times do i need to repeat that this is an example of speech that is already criminal. I am not saying writing a book is conspiracy. 

You cannot parse those three points regarding criminal conspiracy, and indict on their separate commission. In most States, all three must be in play before a crime is declared to have occurred
I'm using it as an example of speech that is already criminal to show that that are already rules controlling speech. This would obviously be a bit different. So the specific rules around conspiracy are not directly relevant. 

Does my book tell people to go commit a crime? Do I look like I'm wearing a clown suit? DO NOT assume my motive. I'm merely describing a scenario. I'm not telling anyone to go do it. 
what book are you talking about? My point is that if a book calls on people to commit a crime, like exterminating the jews, that should be grounds to ban it. why do you keep going off on tangents instead of addressing my point directly. 
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@HistoryBuff
EX we should never allow anyone to kill anyone. So self defense, police doing their jobs etc are all criminals because if you allow someone to kill someone that is a slippery slope. 
This actually sounds like an amazing proposal.

Classical "self-defense" is supposed to "mitigate the threat" and NOT simply, "fill-'em-fulla-led" cuz dem bad.
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@3RU7AL
EX we should never allow anyone to kill anyone. So self defense, police doing their jobs etc are all criminals because if you allow someone to kill someone that is a slippery slope. 
This actually sounds like an amazing proposal.

Classical "self-defense" is supposed to "mitigate the threat" and NOT simply, "fill-'em-fulla-led" cuz dem bad.
So if someone tries to kill you and you end up killing them, you think you should go to prison for 25 years? if a cop tries to arrest someone and they pull a gun and shoot at the cop, in ensuing gunfight the guy is killed, the cop should go to prison for 25 years?

That seems logical to you?
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@fauxlaw
The only banning; the only censorship should be that of individual, personal choice. Why must we accept that only others can make these choices for us? As I argued with HistoryBuff, to abdicate that choice to someone else is a matter of weakness, not strength.
Right, each person should have the option to "mute" (and "unmute") accounts they don't want to see.

Each individual should be able to choose for themselves.

No individual, or "community" (communist collective) should be able to choose what gets "muted" for EVERYONE.

Each individual should be able to subscribe and or unsubscribe to any "censored" view-settings as that individual sees fit.
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@HistoryBuff
So if someone tries to kill you and you end up killing them, you think you should go to prison for 25 years? if a cop tries to arrest someone and they pull a gun and shoot at the cop, in ensuing gunfight the guy is killed, the cop should go to prison for 25 years?

That seems logical to you?
Killing another human, even in "self-defense" should carry a mandatory manslaughter charge.

This seems manifestly logical to me.
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@3RU7AL
Killing another human, even in "self-defense" should carry a mandatory manslaughter charge.

This seems manifestly logical to me.
So in your world, police don't exist. because no cop is ever going to go on a call if they can go to prison for doing their job. No one has the right to defend themselves because doing so is a crime. This is a society that cannot function. 
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@HistoryBuff
So in your world, police don't exist. because no cop is ever going to go on a call if they can go to prison for doing their job. No one has the right to defend themselves because doing so is a crime. This is a society that cannot function. 
DEFENDING YOURSELF IS NOT A CRIME.

Killing another human being is the very definition of MANSLAUGHTER.

It seems like it would perhaps maybe sort of kinda be nice to live in a world where police could NEVER kill another human with IMPUNITY.
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@3RU7AL
DEFENDING YOURSELF IS NOT A CRIME.

Killing another human being is the very definition of MANSLAUGHTER.
those 2 statements contradict each other. Defending yourself is fine, but if that defense ends up killing the other person, you go to prison. Which means that can't really defend yourself. 

It seems like it would perhaps maybe sort of kinda be nice to live in a world where police could NEVER kill another human with IMPUNITY.
I agree there needs to be serious review if a police officer kills someone and that review is not done properly. But making it a crime for a police officer to kill someone under any circumstance would guarantee no one would be a police officer. because if you do your job, there is a high chance that you will die or go to prison. 
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@HistoryBuff
those 2 statements contradict each other. Defending yourself is fine, but if that defense ends up killing the other person, you go to prison. Which means that can't really defend yourself. 
SELF-DEFENSE =/= KILLING ANOTHER HUMAN
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@HistoryBuff
But making it a crime for a police officer to kill someone under any circumstance would guarantee no one would be a police officer.
I disagree.

I do not believe that police cadets EXPECT to kill people (like Judge Dredd).

There is no shortage of brutally efficient NON-LETHAL options.
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@3RU7AL
SELF-DEFENSE =/= KILLING ANOTHER HUMAN
ok. but when defending yourself, the possibility that the other person could die is always there. One punch could kill someone. so if killing someone is always a crime regardless of circumstance, then defending yourself is a crap shoot. do you significantly hold back in defending yourself (ie no punching or any other vigorous defense that could potentially kill) and make it easy for the other person to kill you, or do you do everything you can to stay alive and risk going to prison for decades?

and that is assuming you have the conscious decision power to make that decision. If someone is trying to kill you, adrenaline and instinct will take over and most people won't fully know what they are doing. They won't be able to make a choice about whether the other person is killed or not, instinct will take over. 

so criminalizing killing someone under any circumstances would not be feasible. 
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@3RU7AL
But making it a crime for a police officer to kill someone under any circumstance would guarantee no one would be a police officer.
I disagree.

I do not believe that police cadets EXPECT to kill people (like Judge Dredd).
most wouldn't expect it. but they all know it is a relatively likely possibility during their career. Would you go into a career where the odds are good you will die or go to prison just for doing your job?

There is no shortage of brutally efficient NON-LETHAL options.
true, but humans are frail. A single punch, hell a single push can make someone fall over and hit their head and kill them. When your job requires physical confrontation with others the possibility of that person dying is impossible to avoid. If you make that possibility a crime, then you are criminalizing that job. 
fauxlaw
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@HistoryBuff
jesus man, how many times 
Do not bering Jesus into this. Your point that I am automatically committing a crime by publishing a book describing something,  is NOT CORRECT. Get it?
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@HistoryBuff
ok. but when defending yourself, the possibility that the other person could die is always there.
When you get behind the wheel of an automobile, the possibility that another person could die is always there.
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@fauxlaw
Your point that I am automatically committing a crime by publishing a book describing something,  is NOT CORRECT. Get it?
if you are writing a book calling for people to commit a crime, then yes that should be a crime. Get it?
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@HistoryBuff
why do you keep going off on tangents instead of addressing my point directly. 
Try re-reading my post #29; a direct response to your justification of censorship
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@HistoryBuff
One punch could kill someone.
I wish someone would explain that to Bruce Wayne.
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@3RU7AL
When you get behind the wheel of an automobile, the possibility that another person could die is always there.
absolutely. And if you intentionally killed a person while driving your car, then that is a crime. If you didn't intend to kill a person, then it isn't. It is an accident.

If you are being attacked, then you didn't go into a situation intending to kill anyone. You are reacting to the situation that other person put you in. And sometimes that might result in the death of the person that attacked you. If that happens, why should the victim of the attack be considered a murderer? 

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@HistoryBuff
if you are writing a book calling for people to commit a crime, then yes that should be a crime. Get it?
Re-read my post #35. Get it?
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@HistoryBuff
relatively likely possibility during their career.

Ninety-five percent of officers go through their entire careers without discharging their weapons.


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Well, it seems apparent HistoryBuff has no allegiance to the moniker.
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@fauxlaw
Try re-reading my post #29; a direct response to your justification of censorship
ok

By having an attitude that there are acceptable reasons to ban books [your example: calling for violence] disregards a very important principle: You thereby attempt to censor ideas.
We already do that. As we have discussed, conspiracy is a crime. If you talk to someone about committing a crime, that can be a crime. There are also libel laws etc. So pretending like you are always free to say what you want is a lie. 

You may not like those ideas, therefore, let's eliminate them? No.
Any real political or personal philosophy can be discussed without calls to violence. If you cannot discuss your ideas without calling for violence, then it probably isn't the ideas that are the problem, it is the author. 


You create civil legislation that violence that results in the loss of life or property of another is illegal. Does this legislation work in 100% of cases? No. What if it only deters 10% of people? Do you decide that's not good enough, so ban the provocation of ideas? NO!
If I understand correctly, your point is that we should do nothing to prevent crime and only try to punish people after it occurs? Your point appears to be that doing anything to try to stop people calling for crimes and violence is immoral, and we should only punish people after the violence has already happened. That doesn't help the victims. And it certainly doesn't help society to allow violent extremism to flourish.

What do you think democracy is? That everyone agrees with one another? That forcing everyone to think the same way is democratic? 
no one is forcing anyone to think the same way. We as a society have the power to decide what is and is not acceptable. I would hope that in a democratic country we agree that using violence to get your way is not an acceptable solution. That is why we have democracy, so that you can vote for the change you want. Therefore, why would we allow people to advocate for using violence?
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@Greyparrot

Ninety-five percent of officers go through their entire careers without discharging their weapons.
people are fragile things. You don't have to fire your weapon to kill someone. A basic police takedown can cause someone to die. so this stat means nothing in this debate.