Persecution of communists’ in (fake) western democracies: case law summaries

Q:To what extent did public and political opinion in the west undermine the impartiality of judicial decision-making during the cold-war era?
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USA

In a famous dissent, Justice Douglas of the US Supreme Court declared:

‘We have deemed it more costly to liberty to suppress despised minorities than to let them vent their spleen’ (Dennis v United States U.S. 494 at p. 585 (1951) (U.S.S.C.).

No western democracy has practiced the tolerance exposed [mistake in video, it should read “expoused”] by Justice Douglas-in the above statement, without at some stage censoring unpopular organizations. Douglas was in a minority of two on a US Supreme Court bench which upheld convictions entered against Communist party sympathizers for conspiring to overthrow the US government. (Joseph, P,think it’s “1998” edn., Constitutional and Administrative Law in New Zealand, ).

In Dennis v United States, above, the US Supreme Court upheld convictions against communist party officials for conspiring to teach or advocate the overthrow of the government by force or violence. Here, the Court considered that the advocacy of the communist doctrine was to be equated with conspiring to forcibly overthrow the US government.

Dennis was decided in 1951, at the height of cold-war tensions between the USSR and the US. Justice Black aligned with Justice Douglas in the minority stating:

‘Public opinion being what it is now, few will protest the conviction of these Communist petitioners. There is hope, however, that in calmer times, when present pressures, passions, and fears subside, this or some other later court will restore the First Amendment liberties to the high place where they belong in a free society.’ (Dennis, supra, at 581).

Justice Black’s statement was realized six years later in Yates v United States 354 U.S. 298 (1957) (U.S.S.C). This time, a differently constituted Supreme Court bench quashed the convictions of 14 Communist Party leaders that had been entered for similar reasons under the same Act.

With the easing of east-west relations, the Court drew a clear distinction between the advocacy of forcible overthrow of government-as an abstract doctrine, and the advocacy of action to achieve that result.

According to legal philosopher Wolfgang Friedman, it was impossible to remove the judgment of the US Supreme Court from the political tensions and public opinions that existed at that time. (W. Friedman, Legal Theory, (4th edn. , 1960, at p.95).

Australia

Australia also expressed abhorrence at communist doctrine during the post-war era. In Burns v Ransley (1949) 79 C.L.R. 101 (H.C.), the Australian High Court upheld a conviction for sedition entered against a communist speaker who, when asked, announced that, in the event of a war, he would fight on the side of the Soviet Union. He was convicted for words he had spoken in reply to a hypothetical question, and not for inciting mutiny or violence.

The following year the Communist Party Dissolution Act 1950 (Cth) declared the Australian Communist Party to be a revolutionary organization which jeopardized the defence of the Commonwealth. The statute dissolved the Communist Party and all affiliated organizations declared illegal under the Act.

The fundamental democratic principle of freedom of expression was restored when a majority of the High Court of Australia in Australian Communist Party v Commonwealth (1951) 83 CLR 1, declared the Communist Dissolution Act 1950 (Cth) to be unconstitutional and beyond the defence powers of the Commonwealth (see also R v Sharky (1949) 79 CLR 121).

New Zealand

During the early 1980s in New Zealand, Priminister Robert Muldoon took exception to the Socialist Unity Party and questioned it’s right to exist in a free and democratic society. However, a government, expounding the rule of law, must demonstrate greater justification for out-lawing a particular group or organization, for reasons other than personal enmity (Joseph, supra, at p.191).

See also New Zealand Bill of Rights Act 1990, s.14 (right to freedom of expression), and related case law; and Human Rights Act 1993, s.21(j)(prohibits discrimination on grounds of political opinion) incorporated, by reference, into s.19 NZBORA; note also- Crimes (Repeal of Seditious Offences) Amendment Act 2007; & see Flags, Emblems, and Names Protection Act 1981, s.11 (offences involving New Zealand flag)

Duration : 0:4:20

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Knowing Your Rights Constitutional Law UPMART ORG

ShaneCMuirhttp://gdata.youtube.com/feeds/api/users/shanecmuirNewsKnowing, Your, Rights, Constitutional, Law, UPMART, ORGKnowing Your Rights Constitutional Law UPMART ORG

Duration : 0:7:22

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Equal Protection Lecture Excerpt 1.mov

An introtuction to Equal Protection under the United States Constitution. Equal Protection is a basic right under the American system of government. Lecture on Constitutional Law.

Duration : 0:9:17

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WHY DO SO MANY PEOPLE WANT MARIJUANA LEGAL? (3 of 4)

Pulled form PBS Show called “The Botany of Desire pt1 Cannabis”

MARIJUANA CANNABIS MARIHUANA MEDICAL LEGALIZE WEED 420 OBAMA RON PAUL JACKSON DOPE GRASS BONG RIP JOINT KUSH DRUGS SEEDS WAR NWO NEWS VAPORIZER BOWL HASHISH BLUNTS H1N1 Flu HASH GANJA HEMP SEX LIBERTARIAN RAGE swine LEGALIZATION POT ALEX JONES PRISON PLANET LIBERAL COMPASSIONATE PRIVACY CIVIL RIGHTS LAW EDUCATION ACTIVISM HERB smoke HIGHTIMES CUP hydro HIGH ECONOMY ECONOMIC COLLAPSE MEXICO PATRIOT MARYJANE hosser420 NORML MPP DMT legalize conservative sex tits freedom GMO New Jersey nj

Duration : 0:2:49

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Freedom Under Fire – 2nd Amendment in danger? (part 1)

Update: he was sentenced to 30 months in jail! http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=65455

Lou Dobbs reports on the story of a National Guard Drill Instructor who was convicted of illegally transferring a machine gun, a felony, when his perfectly legal AR-15 misfired. He had loaned the rifle to a student and the gun misfired while the student was shooting it at the gun range. Talk about an injustice! Gun owners beware, this could happen to any of us if our legal gun was to accidentally misfire for any reason.

More info:
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=45503

Duration : 0:4:56

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NRA Fights For Legal Bribery Of Politicians

FREE Month Of Movies(!): http://www.netflix.com/tyt

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Watch more at http://www.theyoungturks.com

Duration : 0:4:28

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2008 Legal Aid Clients

2008 Legal Aid Clients describes the work of The Legal Aid Society through the clients its serves, with a special emphasis on the Civil Practice, representing the most vulnerable New Yorkers including senior citizens, chronically ill or disabled children and adults, survivors of domestic violence, immigrants, low-wage or unemployed workers, persons living with HIV/AIDS, and homeless or imminently homeless children and adults.

Duration : 0:7:37

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Why Do Hot Girls Wan’t Weed Legal? (& Ugly Girls Like Beer Instead?)

LEGALIZE MARIJUANA CANNABIS HIGH MARIHUANA MEDICAL WEED 420 OBAMA RON PAUL PIPE BONG JOINT KUSH DRUGS SEEDS WAR NEWS VAPORIZER BOWL HASHISH BLUNTS HASH GANJA HEMP legal cops POT PRIVACY CIVIL RIGHTS LAW ACTIVIST HERB smoke HIGHTIMES CUP hydro ECONOMIC COLLAPSE MEXICO PATRIOT MARYJANE conservative NEW YORK JERSEY CHRONIC NWO freedom GMO LIBERTARIAN ALEX JONES PRISON PLANET toke Sinsemilla HOSSER420 BAKED MSNBC CNN CBS marc emery BARRY COOPER love health cancer prop 19 California fox news ABC bp

Duration : 0:15:4

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Taking Free Exercise Rights Seriously

March 30, 2006
Speaker: Professor Alan E. Brownstein, University of California, Davis School of Law
Presented by: Center for Professional Ethics

Summary: William A. Brahms Lecture on Law and Religion

• Constitutional law does not take free exercise rights seriously. Creating a more complex free exercise jurisprudence

• How do we balance religious exercise against conflicting state interests?

Professor Brownstein is an expert on church-state issues and has also written extensively on freedom of speech, privacy and autonomy rights and other constitutional law subjects. His articles have been published in numerous academic journals, including the Stanford Law Review. Professor Brownstein teaches Constitutional Law, Law and Religion, and Torts at the UC Davis School of Law, is a frequent lecturer at academic conferences and in law related programs before civic, legal, religious and educational groups. He received his law degree from Harvard Law School in 1977.

Duration : 1:2:14

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VenomFangX and Geerup’s God vs Abortion

This is a video response to Geerup’s latest video on the VenomFangX channel, “DNA – Do Not Abort”.
http://www.youtube.com/watch?v=LdW0bFc8SRo

Geerup is quite correct that this is an important issue that needs a lot of thought and discussion, however he confuses matters by saying completely contradictory things on the authority of courts to bestow rights. He also plays a very strange move in which the DNA of a foetus is portrayed as somehow the basis of the claim that a foetus is a person who should not be murdered. Oh well, murder’s just a useful word isn’t it? And it all makes for a rather snappy video title.

A link to the Gothatfunk video I mention towards the end:
http://www.youtube.com/watch?v=dhYGd78z6zg

Duration : 0:10:50

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