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Old October 6, 2008, 10:57 PM   #2
IZinterrogator
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Join Date: November 8, 2004
Location: Prescott Valley, AZ
Posts: 2,457
The ATF should have just let this case go and taken their punishment instead of clogging the court with baseless motions, but it is to be expected that they will make a motion to lay the blame at the feet of the agent instead of at the agency as a whole. No reasonable person would have construed those statements as posing a clear and present danger, even with the refinement of Schenck v. United States by Brandenburg v. Ohio, which stated that speech is not protected by the First Amendment if it is likely to cause violation of the law more quickly than an officer of the law reasonably can be summoned. This incited no one to do anything illegal except for the ATF agent that conducted the illegal detainment and search. However, I doubt that the agent will say that this was agency policy instead of his own poor judgment. Even if he did, the agency would probably not have these actions codified in agency procedures, so it would be difficult to prove for the agent. Hopefully this will have a farther reach against the agency as a whole instead of solely the agent in question. I hope the agent in question sells out the BATF after they sell him out, that's the only way I see this leading to sweeping reform of the BATF.
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"If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!” - Samuel Adams
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