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30-year sentence for transporting zines is a five-alarm fire for free speech

theintercept.com

191–200 of 577 posts

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#191

Earlier quoted context omitted.

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The different scale of intention was to overturn the results of a federal general election, effectively a coup to seize back control over the government. I can see why you consider the incident in Texas to be terrorism, but you want to ignore the entire point of the J6 event and pretend it was just some normal event where a few participants got a little out of hand? Get real.

Alright, so all of these die hard Republicans had a plan to do a coup...and none of them brought guns to the actual coup? Really?

It was stupid for many reasons, but it was a riot, not some preplanned ambush with weapons like is being talked about in the OP.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#192

Earlier quoted context omitted.

I think all of this hinges on whether or not you think it was a protest. If they had been peacefully sitting outside the facility holding signs, I think you'd have a case that the sentencing is insane. But if they were actively planning a break-in & preparing to use deadly force, that's quite another matter. I haven't spent a lot of timing reading about it, but what I have read suggests it was much closer to the latt…

What hogwash. Resistance is as American as the founding of the country, acting like there is a "right way" to protest is deeply antihuman.

The "protestors" shot someone, if that's not the wrong way to protest then what is?

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#193
post #51
post #41

Earlier quoted context omitted.

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Can anyone seriously define “antifa”? What would the pardon read? “Anyone who is anti-fascism is hereby pardoned…”? Edit: downvoting me doesn’t answer the question. If you have a definition please reply! If nobody can define “antifa” how the heck can you prosecute someone for being a member of it?

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Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#194

Earlier quoted context omitted.

> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. A sentence of 30 years in prison for obstructing an investigation is excessive, especially when compared to the "base offense level" of Involuntary Manslaughter (section 2A1.4 found here[0]) being between 12 and 22, roughly translating to between 10 and 51 months in prison[…

I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it when the whole system should somehow be overhauled.

> I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it ...

  Injustice anywhere is a threat to justice everywhere.[0]
0 - https://www.brainyquote.com/quotes/martin_luther_king_jr_122...

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#195

Earlier quoted context omitted.

Not at all? To the American founders that would be a psychotic take that is completely at odds with the founding principles of this country. Have you read about the Continental Congress? They thought pretty hard about these questions. They did not engage in insurrection (what would surely today be called "terrorism") against the crown lightly and without great consideration. You should take the opportunity of the 250…

I'm sorry, I meant in terms of discussion, not in terms of legal proceedings. Obviously these people were formally charged in a court of law on legal grounds and I assume had their constitutional rights afforded to them. I meant more along the lines of "30 years for hiding a zine" being a weird take. It is logically inconsistent, IMO, to both want to fight a system, and want to be afforded its privileges.

I disagree if only because the clarification you make in your first two sentences doe not square with your last sentence.

Why do we read people their rights or formally charge them? If someone has committed a crime is that not in some sense "fighting [the] system"? Why would then the same apparent contradiction you highlight in your last sentence not arise?

Even in cases of extreme conflict, there is a certain base state of "rights" or "privileges" one wants to be afforded, and it is not contradictory of people to do so. See the laws of armed conflict. Even if someone is a complete psychopath and doesn't respect these laws, the law itself usually does not respond in kind.

That is the nature of the law. If the law could allow for a situation where "legality goes out the window and any outrage about punishment becomes moot" then its no longer law. The only state this exists is one of anarchy. Far more likely in some situation would be the state tries to exercise some emergency power, itself sanctioned by law. In such an extreme case the contradiction no longer applies because the "privileges" have been legally suspended. However, now society has entered a dubious state re the nature of the law itself. Alternatively, take the Codes of Hammurabi. But then the proposed contradiction also does not apply. For in an eye for an eye there are far less afforded privileges to appeal to.

A state of dubious legality was essentially the state of affairs that convinced the founders revolution was inevitable. But there was never - and is usually never - a state where "legality goes out the window". That is anarchy. Even if the founders had lost, surely they would have a right to be outraged if instead of simply being hung (as was the legal remedy for their acts at the time) the British soldiers had rioted and killed all of them and their families on sight.

There is no contradiction here. It would not be a "weird take". Frankly if some among them were also outraged at being hung, I'm not sure that is a "weird take" either. It certainly doesn't strike me as "logically inconsistent". Its not like the "privileges" of life and liberty are granted by the government after all. If you believe in the principles as the founders did, those rights are given by a power beyond that of any terrestrial government. You may be deprived of them by such an entity, but it is not something the state gave you. Therefore once again, your proposed contradiction doesn't really make sense. I guess your position boils down to "if you do wrong against someone, you should have no expectations about your treatment in return"? But I don't think this is ever actually seriously considered as an ethical position when it comes to a people and their government. At least not since divine right and the like went out of fashion. At the end of the day, one can both transgress and be entitled to outrage about how the state acts in response. I fail to see how the alternative is anything less than barbarism.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#196

Earlier quoted context omitted.

I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it when the whole system should somehow be overhauled.

> I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it ... Injustice anywhere is a threat to justice everywhere.[0] 0 - https://www.brainyquote.com/quotes/martin_luther_king_jr_122...

Again, I don't disagree, I'm just stating it should be a broader discussion. When you pick and choose individual cases (especially political ones...) people lose the forest for the trees.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#197
post #182

Earlier quoted context omitted.

Chilling effect on demonstrations. If you attend one were someone starts shooting you become an accomplice. And ofcourse this also leaves the door open for a "false flag" incident.

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This is an oversimplification. I am not in favor of shooting the police in the neck but I absolutely will not tolerate an hindering of peaceful first amendment expression even when it happens in proximity to violence. What are the police even protecting us from at that point?

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#198

Earlier quoted context omitted.

I think all of this hinges on whether or not you think it was a protest. If they had been peacefully sitting outside the facility holding signs, I think you'd have a case that the sentencing is insane. But if they were actively planning a break-in & preparing to use deadly force, that's quite another matter. I haven't spent a lot of timing reading about it, but what I have read suggests it was much closer to the latt…

https://en.wikipedia.org/wiki/2025_Prairieland_ICE_detention...

[flagged]

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#199

Here's the case: https://www.justice.gov/usao-ndtx/pr/antifa-cell-members-con... The 30 year sentence was for hiding documentation being sought under a federal warrant after being called by his wife and asking him to do so. The warrant was for documentation after the protesters shot fireworks to bring out first responders from the ICE facility, and allegedly one of the group shot a responder in the neck instead of th…

I don't approve of the violence apparently planned and carried out by these people, even though their cause was seemingly just.

However, we can't afford to let the government's position dictate the particulars of all the facts here.

The theory that the fireworks were lit to "bring out first responders" is just that - a theory, from the government's lawyers.

The undisputed facts are that these people were working to disrupt an ICE facility, which is to say a facility of a lawless, criminal organization which, given its placement entirely outside any constitutional limitations, renders it, at least at a moral/ethical layer, ineligible for any sort of civic protections of its property or activities. A third party, who was employed by a police department, then aimed a firearm at these people, and one of them fired, in apparent self-defense at this person who was training a firearm on them. Again, I hate that they shot this dude who was just going his job. But it's certainly not tantamount to attempting a premeditated mruder.

All of this 'moving zines' business is downstream of this basic fact pattern. I'm not willing to buy the government's advocacy that this was a crime to society in the first place, so I certainly don't have any ruffled feathers about moving zines.

When the state brings its lawless armed kidnappers to heel and follows its own rules with the unrelenting strictness befitting a nation of laws and not of men, then we can talk about whether those same laws can be applied to persons attempting to disrupt its activities.

Re: 30-year sentence for transporting zines is a five-alarm fire for free speech

#200

Earlier quoted context omitted.

> I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it ... Injustice anywhere is a threat to justice everywhere.[0] 0 - https://www.brainyquote.com/quotes/martin_luther_king_jr_122...

Again, I don't disagree, I'm just stating it should be a broader discussion. When you pick and choose individual cases (especially political ones...) people lose the forest for the trees.

What broader discussion could there be than the King quote provided?

In it, there is no "pick and choose individual cases".

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