Appeals Court Finds "Nuremberg Files" Site Unlawful

Greplaw writes "The 9th Circuit Court of Appeals ruled this evening that an anti-abortion website that featured "wanted" posters of various abortion doctors constituted a "true threat." The website, called The Nuremberg Files, is therefore not protected by the First Amendment and is illegal under a 1994 law prohibiting threats against abortion doctors. The full opinion of the court is available on Findlaw. This case marks one of the first times that a website has been ruled to constitute such a threat." Our previous story has the background on the case. The District Court found the website was an unlawful threat; a three-judge panel of the Appeals court found that it wasn't; and now the entire Appeals court has found, by a 6-5 vote, that it was indeed unlawful. The case could be appealed to the Supreme Court next. The accepted definition of a threat unprotected by the First Amendment is one which "on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution", and there is considerable dissent among the judges over whether a website can or cannot meet that standard.

Comments

Glad to hear it.

[AlexB892]

In my mind, the site's talk of trying these individuals in legitimate courts does no more to mitigate the list of names crossing out those who have been killed than a disclaimer saying "don't download these programs unless you already own a licence" protects a warez site. Regardless of what precisely is said, it's clear what is meant. I'm sure I'm not the only person to come away with the understanding that to the site's author, more crossed-out names are better. Keeping in mind the history of anti-abortion terrorism, the real intent of this site doesn't seem very ambiguous.

Besides, these people could never be put on trial anyway, at least not in the United States. That would be "ex post facto" - making something illegal after it's already been done - and that is unconstitutional.

And even worse, the site names doctors that don't even do abortions! I personally know one of the doctors listed, and he has never performed an abortion in his entire career. All he's ever done is told women where they could go if they wanted one. And for this, he's somehow made his way onto the anti-abortionists shitlist.

Torn!

[SuperguyA1]

This makes me so angry that someone would abuse the right to speech to the point where there is no choice but to suspend it. It only takes a few reasonably well organized sociopaths to ruin freedom.

Before you flame, I'm not saying that the court killed free speech (yes I read it), only that it makes me sad that any speech should be so inflamitory that the courts can justify shutting it down.

Re:The bottom line:

[KalvinB]

"So, in this vein, the anti-abortion crusaders who think it's okay to kill abortion doctors are standing on logical ground. If they're right that "human life begins at conception, " then they can even claim to be standing firmly on moral ground."

That sounds all fine and dandy until you put "authority" into the equation. If I read a law book and find out it's a $100 fine for running red lights, that doesn't give me the AUTHORITY to go out and fine people $100 for running red lights.

I wrote ~20 pages on fundamentalism and that was pretty much the summary of it all.

As a Christian who understands this very simple verse

Romans 12:19, "Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord." (which by the way is 'written' in the OT). Yes the law is in the Bible but NO YOU ARE NOT GIVEN THE AUTHORITY TO ENFORCE IT!

I find it disturbing and disgusting that people who claim to be Christian are so obviously acting against the will of their God.

I don't agree with abortion, I think it's wrong. But I also realize it's not my place to force my views onto people. I'd rather abortion were legal and people didn't do it because they didn't want to than force them to not do it. Smoking is legal and many people choose not to. Same with alchohol.

Stupid, stupid people advocating murder in the name of God or anything. Is the concept of "authority" really that difficult?

Ben