Raisethefist.com Update
d33l0w3 writes: "It looks like Sherman Austin is off the hook for now. For those of you who missed the previous slashdot posting, Sherman was arrested on Feb. 2 for the contents of his website raisethefist.com. This comes as more of a surprise than the FBI raid on his house." Just a couple of days ago, the government was planning to transfer him to California to face charges there, but now according to Newsbytes, those have been dropped. Read that link I just gave - there's quite a lot of interesting information that came out during the hearing. The attorney's concern about Austin being jacked around in "detention" for an indefinite period of time says a great deal about our judicial system.
It has to be, or it doesn't work at all. It breaks done and ceases to protect anyone but those with 'popular' speech.
In this case, it looks like there's a possiblity that he may have committed crimes... real crimes... such as vandalising websites.
Everything else, posting bomb-making instructions, advocating the overthrow of the government, should be *strictly* protected speech under the 1st Amendment.
The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
I just checked, and of course it is...
Raisethefist was an idiot anarchist website advocating the violent overthrowing of the US Gov't. Therefore, defending this punk is foolish. However, he wasn't raided because of the website. Freedom of expression rights remain intact.
He was raided because he hacked into a number of US government webpages, replacing their front pages with a pointer to his own website. The government agents were heavily armed due to his presented stance on raisethefist. Hell, if it takes assault rifles to retrieve little Elian, it obviously takes a LOT of assault rifles to raid a soi-disant violent anarchist.
Really, now. Are probable 18 year old script kiddies really worth our time?
If a tree falls on an anonymous coward yelling 'first post' in the forest, does anybody hear?
>
>12 MR. HOU: There were two Molotov cocktails that were in various states of finality. There was one which actually had the wick in it, I understand, from the FBI agent, and it was tested. The materials were tested to determine what was inside, and it was later determined -- the FBI determined that it did contain petroleum products.
Note that they don't specify which petroleum products were used.
With a name like "raisethefist", it could have been "petroleum jelly". Exactly what that petroleum product would be doing on a bottle is left as an exercise for the goatse.cx guy.
So he (ahem :) got off. He's still a skr1pt k1dd13. A lucky skr1pt k1dd13, probably the luckiest skr1pt k1dd13 on the planet, and a hell of a lot luckier than he has any right to be. But a skr1pt k1dd13 nonetheless.
Has anyone read through the article? The FBI's confiscated the computers, and they contain letters plotting to take on the Olympics, maybe in a form of domestic terrorism. They also confiscated some items they say were bomb-making materials. Free Speech doesn't cover making your point with explosives!
--
# Canmephians for a better Linux Kernel
$Stalag99{"URL"}="http://stalag99.net";
If you go back and read the previous discussion on this, most of the posts were in favor of this guy getting slammed. Why try and bring up support for this guy again? It's obvious it didn't work the first time and that most people here think he should be punished.
Poor Sherman has no reading materials, perhaps they should give him a copy of Atlas Shrugged or Eat the Rich.
Fortunately, they're only dropping the charge of posting explosives information (which is a crock, and definately a violation of his free speech rights), but hopefully they'll still send him up the river for his defacement of corporate websites. If I spray paint "Flander's sucks" on my neighbors house, I'm either going to pay a fine or go to jail. Same goes for someone's website. Of course, I wouldn't expect a "self-described" anarchist to give a damn about individual property rights.
Some men spend their entire lives trying to kill themselves for having been born. --Ross MacDonald
That instead of reading the articles, you read the court hearing instead. It provides *both* sides of the story, as well as the Judge's comments.
Does anyone else find it just a little ironic that this loser is using the Internet (created by government, propagated by corporations), to spew anti-government and anti-corporate rhetoric?
1. They don't know fertilizer from potting soil.
2. They can't tell wires, a gas can and duct tape from implements of mass destruction.
3. They can't transport a suspect across the country in less than six weeks - not only could he beat that with a car, he could beat it with a bicycle for Pete's sake.
4. They can't arrange a change of clothes or a shower for a prisoner in four days.
5. They can't tell a snotty mouthy kid from a terrorist.
But don't worry - we're safe because these people are protecting us. Hah. And don't worry about them violating your civil liberties - these clowns couldn't organize a drunken party in a beer factory.
Your tax dollars at work. Sheeesh.
True, that is covered by the right to bear arms, also a constitutional right, covered in the second ammendment.
Please note that 'arms' is a generically unlimited term. The current focus on guns is a bit of legal slight of hand. Here in NY state I can walk down Main Street with a rifle and I am in within my legal rights, but the *possesion* of a wrist braced *slingshot* is a felony. This is unconstitutional, but who has the 10 years and $50K to fight it?
One also might wonder just how one goes about 'regeistering' a Molotov cocktail with the
FBI.
Comes to that, my local supermarket is crammed full of petroleum products and explosive devices.
What are they going to do next, ban exothermic chemical reactions?
KFG
for what he *did,* not what he said.
.$100 fine and 40 hrs. community service.
There is a distinct difference.
If everyone who ever said "I'll kill you" was guilty of murder we'd all be on death row.
Possesion of petroleum products would also see most of us behind bars.
Most of us have never defaced a website with malice aforethought.
He ought to get bitchslapped for that. Yes. And hard. Like. .
KFG
But the speech acts as an enabler, so we should outlaw it, right? The problem becomes deciding which instructions for illegal activities should not be allowed. Fine, everyone agrees that bomb-making instructions are bad. But what about civil disobedience instructions? What about instructions for breaking an encryption? What about instructions for hiding money from the government? Which will we allow and which will we not?
The critical point is that somehing that is violent in nature is prohibited. Look at your examples. Civil disobediance instructions are one thing. I'm assuming you're refering to tactics used by Martin Luther King, Jr. and Ghandi. Those aren't a problem, per se, and I doubt you would see a government agency trying to curb those type of instructions. Encryption is a diffucult issue, and I'm not going to dwell upon it, because that is a large can of worms in itself. Hiding money must be illegal, or you will have half the jackasses in the country not filing tax returns for "political beliefs", or some such bullshit.
What I really take issue with is when someone implies or says that everything should be protected, due to that fact that the judgement of others may be incorrect or go too far. Well, welcome to a democracy, Bub. It's easy to sit there like an armchair quarterback and cry "foul" whenever the line is crossed. Yes, there will be mistakes and problems. Laws written by people and enforced by people always will be, by definition, imperfect. But to suggest that teaching people to engage in patently illegal, and especially dangerous, activites should be protected is BS. What if the government did nothing to stop it? Morons who want to build bombs or chemical weapons because they don't like the government ought to have easy access to this information? Is that really what you're suggesting? Think about it: That information is provided for a reason. This idiot kid wasn't putting up bomb instructions because he thought it would be a good thing for someone to know if the question ever came up in Trivial Pursuit. He wants to see the violent overthrow of the government. I know, hell, let's let them. Let the overthrow the government, and if we don't like it, then we can overthrow that one. And so on and so forth, until we plunge into total anarchy.
Don't get me wrong, I think free speach is one of the most vital of our rights. But don't sit there and say that hard judgements and tough calls shouldn't be made, simply beacuse you fear the results. If you're really worried about it, join the FBI or the Justice Department and then someday you can be the one making the tough calls. Although, I suspect you'd end up explaining to a roomfull of reporters why a 6th-grader made mustard gas and unleashed it at his school with instrutions he downloaded from a website you didn't want to shut down. Your arguments are good ones, but you're not thinking to the next step: consequences. Thanks.
Are radical anarchists all alike?
Surely you are too busy poking fun at your former high school classmates to attempt to understand where anarchist ideas of society are comming from. Try reading Chomsky, Emma Goldman, or Anarchist People of Color. These voices will probably expand your view of anarchy more than the image of your classmate. (By the way, what the hell were you doing in 9th grade cool guy? Were you the like Emilio Estevez in the Breakfast Club? Maybe you were like the Fonz? Naw, you were probably pimply and obnoxious, like everybody else that age!)
I attended the WEF protests and I can say (with much video to back this up) that it in no way was it out-of-control. In fact the police were acting in a completely unconstitutional manner, harassing the peaceful demonstrators (check out a Village Voice story about it here). Those people who were arrested at the Saturday were arrested because they were carrying toy police equipment, not because they were doing anything illegal. I think the police thought that the plastic Toys-R-Us batons were going to be used for terrorism or something.
By the way, if you knew anything about the WEF I am sure you would think twice about attending a protest against this unregulated group of businessmen. WEF members include BP Amoco, Exxon and Nike.
Here is a blurb I found about BP Amoco:
In addition to economically destroying the social structure of this once agriculture based society, BP financially supports the Colombian military which is notorious for its human rights abuses. Since 1987, 35,000 noncombatants have been murdered or 'disappeared' primarily by the BP backed military and its paramilitary allies. In 1997, BP admitted that it has provided the Colombian Ministry of Defense with $8 million.
And Nike?:
Nike pays workers less than $2 per day - an amount which is often significantly below a living wage.
Get a clue dude. Who cares if your friend was dirty in 9th grade. You were probably picked on too. Fight some real battles, against jerk-offs like the WEF members. For more info about the WEF read this article.
As for the molotov allegation, if it actually is true that he had a molotov, then the prosecution would have no problem getting a conviction, given the evidence they claim to have. Apparently, though, they didn't feel so certain, since they dropped the case.
There is a very simple explanation, though. The FBI sent the kid's name to the police in New York, and when he was picked up when the police were clearing the streets of protestors, his name popped up on their list. They then concocted some bogus but serious-sounding charges so that they could keep him off the streets until after the World Economic Forum left New York. Now that the WEF has left, they dropped the charges. They also have the bonus that if he gets picked up at some other non-violent protest, they get to tell the judge about these very serious-sounding charges and he'll get screwed around with more.
They literally do this everytime there is a big protest, at least since the the early 90's and probably much farther back. In San Fransisco in 1995, several hundred protesters were arrested, and they were all released without prosecution or conviction. A class-action lawsuit was filed (and won), since it was clear that the arrest (and a few days in jail) was an attempt to punish protestors with no evidence and no intention of prosecuting.
In 1996, at the Democratic convention in Chicago, police targetted protestors with cameras, arresting dozens with no evidence (seizing the tapes and often destroying the cameras). Again, once the Democrats left town, everyone was let out of jail with no prosecutions or convictions.
Even in Seattle in 1999, where there were a few legitimate arrests, hundreds were arrested for no good reason and were later let go with no prosecution.
Bogus arrests, with charges dropped after dust settles is a standard tactic. Often most of the people are just held in jail for a few days without even being charges (in many states, it is illegal to hold people for more than 48 hours without charging them with something, but that doesn't stop them from holding people for a week or so). Nevermind that a week in jail, innocent or not, will usually get you fired from your job, and a week in a cage with various physical and verbal abuse is punishment without a conviction.
Repeat after me, "innocent until proven guilty." I know it's a bit unfashionable nowadays to talk about such outdated concepts, what with the "Axis of Evil" threatening to destroy our freedoms, but if Disco can make a come-back...
Which country do you live in?
It's not illegal to call for a revolution. That's what Thomas Jefferson did, remember "We pledge our lives and our sacred honor" "the tree of liberty must be watered with the blood of patriots"? Doesn't Bush call for the spilling of blood every other day, in some manichean war?
It seems reasonable that if you have a (perfectly legal) website which includes describing molotov cocktails that you actually have made these cocktails and some are in your home. As long as they are not used, you have a right to do this. Do you have a gun in your house? A gun is far more dangerous than some petrol in a bottle. Maybe we should arrest all the groups who argue against excessive govt. powers and who also stockpile arms. They also call for revolution.
And all he did was protest -- the only charges filed against him were jaywalking, not dispersing, conspiracy to not disperse, etc. The FUD about "weapons of mass destruction" and "terrorism" amounted to nothing more than duct tape and potting soil. Unlike the FBI, he never committed any violence, did not lie about his identity, and did not hide from any courts. Moreover he is not a terrorist. Read the trial transcripts before you're so quick to shout "terrorism" in a crazed nation.
When in doubt, have a man come through a door with a gun in his hand.
You ever stop to think why the bus was filthy, given that it was filled with dozens of protestors that were not allowed to use a toilet for at least 24 hours, never mind how many hours since before they were arrested.
As for rocking the bus and breaking windows. Here in Seattle during the WTO protests, at least one bus full of bound protestors got the pepper-spray and tear-gas treatment. If you were in that situation, you'd be trying to kick some windows out pretty fast.
I notice nowhere in your post did you say that this guy was ever convicted of anything. As for him claiming about being detained for "absolutely no reason", did they ever even file charges against him? Here in Seattle, most of the hundreds of people arrested never had charges filed against them. You might say if you are arrested, that the charge against you is the "reason" you were arrested. If there is no charge, then, legally, there isn't much a reason, is there?
Some would say being a dirty hippy and disagreeing with the government is reason enough to arrest someone, I'd hate to jump to conclusions about your particular political ideology, though.
Here's a quote from this little darling, read by the judge:
"Yeah, motherfucker, I'm a terrorist to the U.S. Government. I'm a terrorist to capitalism, not to innocent people. I'm a terrorist to the evil system that's terrorizing all of us. Fuck the Government.
I hope they burn in fucking hell right back where they came from, motherfuckers. You can't fool all the people. We know your fucking style."
Here is another quote read by the prosecutor:
"We don't gather weapons, plan extreme operation, and risk our lives for nothing. This is real."
So even if the guy isn't a terrorist, he is spectacularly foolish, why would anyone expect to write this and be ignored. It is a testament to his coddled spoiled existence that he thinks that this is acceptable behaviour.
He doesn't need protected from the FBI, we need protected from him. He's a NUT, with aspirations to acts of extreme violence, including grandiose fantasies of using weapons of mass destruction against governments. I don't care if he meant what he said, I don't need to waste time worrying about it, if someone says this kind of crazy thing they should go to one of two places, jail or the nut house. I don't care which, but this isn't about speach, it's about unbridled threats of violence.
I just cannot believe the transcript. To hear the government talk, this kid is the next Tim McVeigh and Osama Bin Laden all rolled into one. They make him sound like a crazed lunatic who jumped into his Toyota and drove across the country to blow up New York... and might blow up the Olympics on his way back.
Then his lawyer talked and basically trashed all those distortions. When she presented the facts, all of the sudden a totally different picture emerges. He's not some violent fugitive... he's up on some misdemeanor charges. He wasn't even charged with a felony.
I think this is a preview of things to come... the government uses hyperbole and fear to push judges to smack down the most minor offenses. It's legal FUD.
It's a strange world -- let's keep it that way
Just because they didn't find anything it doesn't mean he wasn't going to do something.
I see. This is sort of like the opposite of innocent until proven guilty. But who knows, if you prefer the pre-emptive strike approach, there are plenty of third world regimes which share your suspicion of protesters.
If I am a cop and I see a kid with a gas mask at a protest I am going to definitely just looking for him to do something wrong.
Sounds reasonable. But the anaogy is if you are a protester and have been gassed before (simply for protesting) then you might decide to bring a mask the next time -- I hope that sounds reasonable to you, too.
Moreover, there is a difference between "watching" a suspicious person before he does something wrong, and arresting him, holding him incommunicado for 4 days, and detaining him for an additional 10 days before you realize that you don't have any real evidence against him, and of course keeping his car and wallet.
Moreover, in their attempt to keep him in jail the FBI lied to at least one judge, spread lots of FUD, and acted in an abusive way, generally. Now you should agree that that's a lot different from "keeping an eye out" when someone wears a gas mask. The problem is that if the target is unpopular or upsets people in this post 9/11 nation, then the govt. can do just about anything they want to him, and they will keep the sympathy of people such as yourself. I hope you rethink your views on this.
When in doubt, have a man come through a door with a gun in his hand.
I wonder if you could point me to that portion of the U.S. Code? Then we'd finally have a way to unseat that idiot from Texas!
microsoftword.mp3 - it doesn't care that they're not words...
he was detained for 4 days without access to a phone (or lawyer).
he was denied bail because the FBI claimed he was a menca to the community .. and then dropped the charges against him.
during the bail hearing they accused him of possessing "weapons of mass destruction" and of being a terrorist -- they lied to the judge in order to keep him in jail.
Maybe you have no problems with the above points, but I do. This is not a "conspiracy theory" -- read the story.
It would be rather difficult to gain evidence for a criminal case without inconvenience to those poor, mistreated suspects.
If you can explain to me how the above points were needed to gain evidence or investigate, then be my guest.
The FBI investigated him for over a month before this and found, basically, nothing. But even if these steps are necessary, and everyone who is arrested can be treated this way, several laws as well as constitutoinal amendments would need to be repealed to justify this sort of treatment.
When in doubt, have a man come through a door with a gun in his hand.
Said anarchist is unfazed and travels to NYC anyway and gets nabbed.
Summit is now over with no real "incidents". Suddenly, the FBI is all sorry for the inconvenience. (but good luck getting your computers, papers, car, and other misc. property back).
So what we have here are possibly pre-emptive raids by the Feds. Possibly to shut him up and intimidate him. I would not be suprised if this happens again to someone else when some more corporate/government bigwigs try to pow-wow in another American city.
I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
Minor mistake in your subject line: "How innocent people are treated." Or doesn't "innocent until proven guilty in a court of law" apply any more, and has the USA joined the proud club of banana republics? Hey, guess what, they even dropped charges against the guy....
Just to avoid confusion caused by my sarcasm, I agree completely with your post.
MSN 8: Now Microsoft even has bugs in their ad campaigns.