Republican Rep. Louie Gohmert wants Attorney General Eric Holder to investigate whether the liberal group Common Cause should lose its nonprofit status, after a conservative website published footage of protesters calling for the lynching of conservative Supreme Court justices.Maybe just to be safe, the government should take away their property ...
The footage shows enraged protesters making inflammatory and threatening comments about Justices Antonin Scalia and Clarence Thomas, as well as Thomas’s wife, Ginni Thomas.
Gohmert said that the inflammatory remarks are more troubling given the attack on Arizona Democratic Rep. Gabby Giffords earlier this year.
As I said a while ago:
Hess v. Indiana tells us what actual incitement to violence is:And this time we see it coming from the right. I also said a while ago that the problem isn't the Democrats, and the solution isn't the Republicans. The problem is an institutionalized ruling class that views the rest of us with increasing contempt.
The Indiana Supreme Court placed primary reliance on the trial court's finding that Hess' statement "was intended to incite further lawless action on the part of the crowd in the vicinity of appellant and was likely to produce such action." At best, however, the statement could be taken as counsel for present moderation; at worst, it amounted to nothing more than advocacy of illegal action at some indefinite future time. This is not sufficient to permit the State to punish Hess' speech. Under our decisions, "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444, 447 (1969).The Supreme Court established this as settled law in 1973. Your opinion, while interesting, seems (legally) irrelevant.
Furthermore, this is in a long line of such statements. Will Rogers said that there should be one day that was Open Season on Senators. Others have said something similar, or worse. Should they have their property seized. If not, why?
Rep. Louie Gohmert needs to read the Constitution, and think before he opens his yap. He's only confirming some of our opinions about the Stupid Party.