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Appeals Court Finds "Nuremberg Files" Site Unlawful 650

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.
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Appeals Court Finds "Nuremberg Files" Site Unlawful

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  • by Com2Kid ( 142006 ) <com2kidSPAMLESS@gmail.com> on Friday May 17, 2002 @01:08AM (#3535062) Homepage Journal
    How is this conversation going to go?

    Shall we go around on the censorship thing or just do the whole entire pro-life VS pro-choice thing.

    I'm game for either. :)

    Pro-choice, because there are too many damn people already!
    • Pro-choice, because there are too many damn people already!

      You mean pro-death-to-humanity.

      Choice doesn't necessarily mean everyone is gunna pay doctors to use their high-tech coathangers on them, then shoot them and their whole family.

      Cripes that got extreme fast, I'd hate to see what a markov chain would do to all the texts regarding abortion.
  • The bottom line: (Score:4, Insightful)

    by ObviousGuy ( 578567 ) <ObviousGuy@hotmail.com> on Friday May 17, 2002 @01:11AM (#3535073) Homepage Journal
    Publishing public information: Okay

    Publishing same information with encouragement to kill the people on the list: Not Okay

    Understanding the Pro-Life movement's basic argument and agreeing with it are totally understandable. Understanding the steps to get from "life begins at conception" and "life should be protected" to "kill abortionists" requires understanding huge leaps in logic.
    • by Chasing Amy ( 450778 ) <asdfijoaisdf@askdfjpasodf.com> on Friday May 17, 2002 @01:55AM (#3535247) Homepage
      > Understanding the steps to get from "life begins at conception" and "life should be protected" to
      > "kill abortionists" requires understanding huge leaps in logic.

      Not really--think about it in simple, logical terms, and the natural conclusion of the anti-abortionist argument is that abortion doctors are performing a murder with every abortion they do. If life begins at conception, abortion doctors are taking lives. Is it acceptable to use deadly force to prevent someone from murdering other people? Yes, in most Western legal systems, moralities, philosophies, and religions, it is acceptable to use deadly force if it is the only way to stop one person from murdering another--at least, if that threat is immediate.

      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 isn't to say I agree in any way or condone the murder of abortion doctors. First of all, I don't really care when human life begins--conception, birth, or otherwise. Who can know for sure? Why should I care?

      I'm pro-abortion. The oft-used terms are "pro-life" or pro-choice," but I think that's just so much marketing claptrap--the debate is about abortion, not lie or choice. I think everyone is for both life and choice, in their general meaning, so I always use the straightforward and honest terms "pro-abortion" or "anti-abortion."

      At any rate, I'm pro-abortion because I think it makes sense. Firstly because, as I said, no one can say with any real meaning when human life begins. Short of God himself telling us in person what he considers to be the point at which human life begins, it's an unanswerable question since it's entirely religious or philosophical and can have no definite scientific answer. Secondly, abortion serves a useful practical purpose of population control, which is important in the modern world. Thirdly, I value sex and see it as an essential part of the human experience which everyone should freely enjoy, but no methods of contraception are 100% effective. Fourthly, it's almost impossible for young people to both care for a baby and go to school, and in this day and age school usually has to last until around 21-22 years old (college) to ensure a decent living--so abortion is a necessity to make sure young people can enjoy sex without having it ruin their lives. Fifthly, almost every developed culture since the ancient Greeks practiced abortion or infanticide right after birth--this includes Christians up until the last couple of centuries; until medical sciences started showing the development of babies inside the womb, the Church held that life began when the baby popped out.

      I'm also pro-abortion, finally, because it's not my damn business to tell a woman what she can or cannot do with her own body. If she wants to let someone shove a metal rod into her uterus, that's her business, not mine. Whether there happens to be a bunch of cells in her uterus at the same time makes no difference--inside her body, her rules stand.
      • by Creedo ( 548980 ) on Friday May 17, 2002 @03:22AM (#3535508) Journal
        Well, your honest, but wrong.

        "Fifthly, almost every developed culture since the ancient Greeks practiced abortion or infanticide right after birth--this includes Christians up until the last couple of centuries;"

        You are correct that cultures such as the Roman Empire practiced abortion, but perhaps you have not actually read what the actual Christians actually thought about it:

        "...you shall not murder a child by abortion nor kill that which is born..." - Didache [newadvent.org]circa 100AD

        "Thou shalt not slay the child by procuring abortion; nor, again, shalt thou destroy it after it is born." - Epistle of Barnabas [newadvent.org] circa 74AD

        "And near that place I saw another strait place into which the gore and the filth of those who were being punished ran down and became there as it were a lake: and there sat women having the gore up to their necks, and over against them sat many children who were born to them out of due time, crying; and there came forth from them sparks of fire and smote the women in the eyes: and these were the accursed who conceived and caused abortion." - Apocalypse of Peter [newadvent.org] circa 130AD

        ...and so forth. If you are interested in more, searching for 'church fathers' and abortion on google would do you well.

        The Church never defined when life began. The only discussions one could enlist on this point would be some musings on when ensoulment happened, but even then, it was agreed that it is still murder. This is often trotted out by pro- abortion Christians, but if you actually read the documents they point to(such as the 25th chapter of Augustine's Enchiridion [newadvent.org]) you find a different story.

        "no one can say with any real meaning when human life begins."
        "[it] can have no definite scientific answer"

        Only if one has an idealogical axe to grind. Read an intro to biology textbook sometime, and you will find a fit with the definition of life.
        Secondly, your opinion that this ok's abortion would be criminal negligence in any other case. Third, you obviously don't believe it, or at least you act that way, because you willing to risk the possibility of a loss of human life. It would only be unimportant if you have already decided that it isn't a human life.

        "abortion serves a useful practical purpose of population control, which is important in the modern world"

        I suppose when one lacks a basic respect for human life, one can come to conclusions like this. Despite the fact that even the UN is starting to worry about population decline [un.org], talking about such things as raising fertility and adjusting migration laws(read the PDF at that link).

        "Thirdly, I value sex and see it as an essential part of the human experience"

        Ah, the crux of the issue. "Who cares if it might be a human life? It's in the way of my rutting." I'd laugh if this weren't so damn pathetic. It's exactly this type of idiotic lack of self control that leads directly to the type of STD epidemics we see today. Essential? Go ask an AIDS patient if they still think their sexual activity was "essential." Or wait until you get the news that you have the honor of living with herpes the rest of your life, and then contemplate whether it was "essential."

        "it's almost impossible for young people to both care for a baby and go to school"

        Well, then, I am the master of the nigh impossible. I did it twice. And I am not alone, nor am I exceptional in that regard. I was a full time parent, a full time student, and I held down a part time job on the side. It didn't require "killing one's child." But it did require "personal resposibility," a concept that is probably lost on many /. readers.

        "I'm also pro-abortion, finally, because it's not my damn business to tell a woman what she can or cannot do with her own body"

        Of course, that isn't the issue. The issue revolves around whether or not that woman is harming someone else's body. The location of that body is immaterial. If that baby is human, she has no damn business killing it.

        Creedo
        • by Qrlx ( 258924 )
          The issue revolves around whether or not that woman is harming someone else's body. The location of that body is immaterial. If that baby is human, she has no damn business killing it.

          IF that baby is human...

          Why does our society allow for late-term abortions in the events of incest or rape? It's still a "human baby," no? Do you think these exceptions should be scrapped?

          Which life has more "rights" if the woman's health is at risk should she attempt a delivery? Should the woman be allowed to have an abortion to save her own life? Why?

          It is truly encouraging to hear that you are tenacious enough to raise your kids while going to school and holding down a job. Unfortunately this world is full of people with less determination and character than yourself. Why saddle them with unwanted children that they're too lazy, ignorant, and selfish to raise properly?

          What is society's compelling interest in seeing every pregnancy through to conception? If this were truly an accurate view of society's beliefs, why aren't we teaching issues such as prenatal care in schools? Why aren't pregnant women being charged with "fetus abuse" when they smoke or drink or eat unhealthy foods?

          If fetuses are truly human beings, why don't we have funerals for miscarriages? Clearly society considers a fetus and a baby two very different things.
          • Why does our society allow for late-term abortions in the events of incest or rape? It's still a "human baby," no? Do you think these exceptions should be scrapped?

            Because our society is becoming decadent and sick and losing respect for human life and dignity? Yes, those exceptions should be scrapped! What did the baby do in those cases to deserve death? Do you consider it civilized to murder a child for the crimes of the father?

            Which life has more "rights" if the woman's health is at risk should she attempt a delivery? Should the woman be allowed to have an abortion to save her own life? Why?

            That is always a hellish choice to be given. It's like separating a pair of lethally-conjoined siamese twins, where only one can live after separation, but both will die if not. Which one do you kill? There is NO right answer. And yes, some moral questions have no right answer--I believe story of Orestes, in Greek myth illustrates such a dilemma, where there was no right answer.

            It is truly encouraging to hear that you are tenacious enough to raise your kids while going to school and holding down a job. Unfortunately this world is full of people with less determination and character than yourself. Why saddle them with unwanted children that they're too lazy, ignorant, and selfish to raise properly?

            Why is a crime to murder your toddler if you're too selfish, lazy and ignorant to raise him? Why does society still consider child abuse an appalling crime? Why, then, is it okay to murder a child before birth if his existance after birth will be a burden or inconvenience to you?

            What is society's compelling interest in seeing every pregnancy through to conception?

            I think you mean "to birth..." but anyway: a society that does not protect its weakest, most defenseless, most innocent members is a sick society. Do you really want to live in a society where the weak are allowed to live only if their existance is convenient to the strong?

            If this were truly an accurate view of society's beliefs, why aren't we teaching issues such as prenatal care in schools? Why aren't pregnant women being charged with "fetus abuse" when they smoke or drink or eat unhealthy foods?

            We don't charge parents with child abuse when they let their kids eat junk food, either. And anytime anything related to sex is taught at school, a certain segment of the population screams that we're "encouraging kids to have sex!" There goes pre-natal care... Post-natal care used to be taught in schools--it was called "Home Economics". I think someone considered it sexist, so you don't see it except in "backward" states like Louisiana.

            If fetuses are truly human beings, why don't we have funerals for miscarriages? Clearly society considers a fetus and a baby two very different things.

            It is well known that women go through the same grief from a miscarriage as they do from losing an already-born child. It has also been observed, though it is not politically correct to acknowledge, that women who have abortions frequently suffer the same kind of grief. And the question is, not what society does, but what should it do? What kind of society do you want to live in?

        • Well, I guess we'd better haul the big G himself up before the courts.

          Hmm, Noah's flood? Soddom and Gemorrah? Ordering Abraham to sacrifice Isaac (or was that the other way around)?

          Biblical authority (which you weren't using btw) is a wonderful thing. You can find a quote for anything. Heck, I saw a guy pull a quote out of the bible that was basically instructions for cleaning off mildew.

          Jesus preached "turn the other cheek". How can anyone justify killing someone based on that? Remember "Thou shalt not kill?" Of course there's also "thou shalt not suffer a witch to live".

          Pick and choose. You can support any side you want. And if that doesn't fit your need you can just go to another religion's great books.
      • Re:The bottom line: (Score:5, Interesting)

        by KalvinB ( 205500 ) on Friday May 17, 2002 @04:45AM (#3535714) Homepage
        "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
      • [T]he anti-abortionist argument is that abortion doctors are performing a murder with every abortion they do. ... [I]t is acceptable to use deadly force if it is the only way to stop one person from murdering another. (my emphasis)

        But of course that's the last method you need to use to stop abortions. For many years it was illegal to perform them in the U.S. That law was overturned and they are now legal. Instead of advocating murder, change the law.

        Note I'm only speaking to the statement that the logical was reasonable. I understand you were not advocating their position. I just want it to be clear that those that advocate murder in any case have no logical argument.

    • Interesting.

      Some weeks ago we had a /. post about a german court ruling that certain web sites publishing detailed information how to sabotage railway tracks was considered "unlaw full".

      The web site was blocked by ISPs after that court ruling.

      US /. posters imediatly started to post: censorship. US has Free Speach. There is nothing more important than free speach.

      I posted: Europeeans/Germans have different views than US citicens. A peacefull society is -- for us -- more important than calls to arms by mad people.

      Interesting that suddenly even an US poster is able to draw a line between free speach and call for riots.

      angel'o'sphere
  • by _bobs.pizza_ ( 452394 ) on Friday May 17, 2002 @01:12AM (#3535083)
    The Nuremberg Files [christiangallery.com]

    And the obligitory google cache [216.239.51.100]
    • Go to http://209.41.167.182/streamingcams.html [209.41.167.182] and scroll down and view the "8 minute movie that defines abortion. (I'm not linking directly.) It's actually a pretty disturbing movie, nicely put together. Watch it before you flame... I didn't think so bad about it till I saw a baby in a trash can. How's that for free speech?
      • Re:Abortion is Bad (Score:2, Insightful)

        by headonfire ( 160408 )
        Oh, for fuck's sake, mate. They showed that in my first-year health class. It's a propaganda film. Do you think any responsible doctor is just going to dump a dead baby into a garbage can? I can hardly think of anything that'd be a greater biohazard. That shot was for "dramatic effect" - the cinematographer put it there. You know what creeps -me- out? The fact that the person who filmed that was playing with dead fetuses just to get some "impact images" on camera. Half-surprised they didn't stick a coathanger through it "just for effect", too.
  • by phunhippy ( 86447 ) <zavoid&gmail,com> on Friday May 17, 2002 @01:16AM (#3535094) Journal
    For those who aren't to familiar with it all

    Heres the old site archived in a sense:
    http://www.lancasterlife.com/atrocity/

    Heres the newer site:
    http://www.christiangallery.com/atrocity/ab orts.ht ml

    One of the more disturbing/interesting(guess it depends on your views) about the above site is how they list all the abortion doctors they have info on... black for alive...greyed for MAIMED.. and strike-through for killed(they call it fatality)...

    And my friends wonder why i think religion is such a big joke...

    P.S. learn how to copy & paste :)

    • Religion isn't a joke, these people are. I hate it when people equate good religion with bad religion. You don't make obviously stupid generalizations based on sex or race (I guess I might be assuming too much here), why do so based on religion?
      • While I do agree that a relatively few bad apples give a bad name to religion, I don't think the analogy to race or sex is a good one, since religion is (theoretically) a choice one makes,. There are views and beliefs that ALL members of a given religion hold. Now sure, there are different subgroups that condone or reject various precepts, such as whether abortion is permissible, or whether violence is permissible, or what exactly constitutes a sacrament, and so on. But the fact that there are some things that all, let's say, Baptists agree on makes it far more reasonable to generalize about them.
      • You don't make obviously stupid generalizations based on sex or race (I guess I might be assuming too much here), why do so based on religion?

        Race and sex are facts of life; religion is a choice, specifically a choice to believe in an explanation of the world around us that hasn't held water for several hundred years.

        Religion is a joke in the way that a modern person maintaining that the human frame can not withstand velocities in excess of 30mph would also be a joke.

        TWW

    • And my friends wonder why i think religion is such a big joke...
      Oh, yes, and thanks to Alex Chiu [alexchiu.com] and Zeosync [zeosync.com], I've stopped believing in science, too.
  • by Anonymous Coward on Friday May 17, 2002 @01:17AM (#3535098)
    ..is NOT free speech. And by advocating I don't mean simply saying "Oh, so and so is evil and should die." Advocating is going on to provide details like where the victim to be lives, what their schedule is like, etc.

    But hey, the people posting it are innocent of any crime if they dont actualy do the killing!!

    MY ASS.

    • by tftp ( 111690 )
      But hey, the people posting it are innocent of any crime if they dont actualy do the killing!!

      IANAL, but they obviously would be guilty of crime of conspiracy to commit murder, and of many other crimes (such as aiding and abetting).

  • by thinmac ( 98095 ) on Friday May 17, 2002 @01:17AM (#3535100) Homepage
    This seems to me to be another issue where people have decided that the fact that something is on the web makes it different from other mass media. It may (or may not, given the state of most search engines today) be a more effective means of dessiminating information, but it's goal is the same as that of print magazines or tv or annoying "lose 30 lbs in 30 days" messages: getting information to a large number of people.
    What the judges should be asking themselves is not 'does something on the web constitute a threat' but rather 'if they put this on a billboard in times square, would it constitute a threat'.
    • (sleepy, ignore bad spelling)

      if someone put hardcore lesbo porn on a billboard in timesquare, would that be allowed? Using your logic, the web shouldn't be allowed to have the information at all. Its perfectly fine for the web to have a lot of whacked out weird junk on it, while not really ok to have that on a billboard. So you're logic that "if you shouldn't put it on a billboard then you shouldn't have it on the internet" should be reversed, if it shouldn't be on the internet, it shouldn't be on a billboard.
  • by The Rolling Blackout ( 556170 ) on Friday May 17, 2002 @01:30AM (#3535148)
    A factor that I don't feel has recieved due consideration in similar cases is the readership/target audience of websites under scrutiny. For example, certain websites such as this one might occasionally feature posts by those who have us all commit DDoS attacks on, say, PanIP's servers. This is not on its face a great deal different if one subtracts the qualitative difference of murder vs. 'Information Warfare' (One could also argue that such an operation is much more easily 'immediately executed' since the tools for DoS'ing someone are often one and the same as for reading said post, whereas a murder has yet to be performed via packet-switched network).

    Hopefully it could be shown in court that the vast majority of /. readers are not likely to perform such an act, regardless of how inflammatory the statement maybe. In the case of bloody-minded anti-abortionists, however, this is obviously not the case.

    My point is this: In previous rulings concerning this exception to the first amendment, it has been the case that the audience could be observed to be a volatile mass and thus likely to be swayed by hateful and threatening speech. Regarding websites, this issue becomes murky and threatens to turn any ruling either way into the dreaded first step down a slippery slope. I should expect my example above illustrates how this could be used to control expression in any number of forums.

  • To me this just seems to be a pissing contest.

    If the US says it's illegal to put that info up on the site it will move offshore.

    This is not about right-to-life versus pro-choice, it's about extremists who fuck everyone because they can't play nice. From the little-league mom who punches an umpire to the religious nut trying to blow up a bus load of tourists.

  • new update: (Score:2, Informative)

    by Anonymous Coward
    looking at the new Nuremberg Files, 6 new names have been added...plus a crappy junior-high schooler flash animation of what they think of the 6 judges.

    Pure propoganda......they say "They [judges] say it is illegal to publish names"....

    right...that's "all" they are doing...just being a phonebook
  • by Anonymous Coward on Friday May 17, 2002 @01:43AM (#3535198)
    Read the opinion carefully. While any ruling on 1st amendment rights deserves careful review, this one, on the whole, strikes a balance in favor of liberties.

    Let's consider what's going on here. The web site in question created "wild west" style posts of abortion doctors, and updated lists of those doctors that had been assassinated. (There are a number of criminal cases where physicians were attacked--even killed--because their name appears on hit lists.)

    Now, we enjoy a right a free speech. But we do not have a right to threaten the safety of other individuals. When threats are made against individuals, the balance of interests between individual expression and individual safety shifts to the threatened.

    Now, let's be clear about this. The hit lists were not mere trash talking in a chat room. They were not even generalized expressions of rage about doctors who perform abortions. Instead, they were lists created with the express, explicit purpose of organizing others to harm physicians. This is not my interpretation of the site mirrors I visited. This is also the opinion of most of the 9th circuit. Now, only a bare majority of the court felt the threat was sufficiently immediate to tip the balance for individual safety. But most of the court sided with the opinion that the site was designed to promote violence against doctors.

    We should be cautious about restrictions on freedom of expression. And it seems that this is exactly what has taken place here: A serious, careful, factually detailed analysis for the circumstances of this case. There are no categorical rulings about web pages. This is not even a "technology" story, except for the fact that the hit list was online. (The same ruling might have obtained if the lists were merely on paper and sufficiently circulated.)

    So, while I'm don't enjoy opinions that side against the big 1st A, I have to realize that our liberty in expression must, like all liberties, reach a limit when it bumps up against other rights and interests. I have to side with personal freedom and liberty.

    As a closing note, I don't like abortion either. And I also don't like capital punsihment. But we should not let passion excuse us from the political process. Murder is wrong. If we disagree with a person's practice and work, we have a system of laws to change, or live by if we fail in this endeavor.
    • As a closing note, I don't like abortion either. And I also don't like capital punsihment. But we should not let passion excuse us from the political process.

      The problem is that abortion has been taken outside the realm of the political process and capital punishment has not. People can vote on whether or not they want their state executing criminals. But people cannot vote on whether or not they want abortion to be legal in their state.

  • Glad to hear it. (Score:5, Interesting)

    by AlexB892 ( 221143 ) on Friday May 17, 2002 @01:47AM (#3535222)
    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.

    • If these people are judged to be actively threatening people by putting their names on an open 'hit list', while openly encouraging their deaths, and celebrating when a death occurs - then they have violated existing laws. That's exactly what they are on trial for - it's not for new laws, or even new interpretations of law. This is a judgement that clarifies that the act they went through with does break the law.

      Just like a person committing fraud online in the U.S. can be convicted of interstate fraud, no new rules are required for convictions of organized threats just because they are online.

      :^)

      Ryan Fenton
    • Re:Glad to hear it. (Score:3, Interesting)

      by BCoates ( 512464 )
      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.

      Well, duh. There's people I'd be happy to see dead, too (osama bin laden, for ex.), should it be illegal for me to say that? Am I some sort of accomplice if I mention that the world would probably be a better place tomorrow if both Yassir Arafat and Ariel Sharon had unfortunate "accidents"?

      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.

      I'm not real clear on the history, but i think the real Nuremberg trials were pretty ex post facto, too--not that putting abortion doctors on trial for crimes against humanity is anything but stupid.

      --
      Benjamin Coates
  • Regardless of what you believe in as far as abortion goes, what possible other explanation could an anti-abortion site have for listing Doctors that peform the abortions addresses,etc. other than for harrasment/possible violence?

    This should stand imo, and if it doesn't, then are system is more broken than I thought. On a side note, why does everyone feel the need to bring religion into this? So you either believe in God or you don't. (And, either you believe in abortion or you don't) Personally, I don't care what you believe, just try to play nicely and not bash each other....
    • what possible other explanation could an anti-abortion site have for listing Doctors that peform the abortions addresses,etc. other than for harrasment/possible violence?

      it's called free speech. oh, wait...
    • Who says it should be against the law to advocate violence? The point of the first amendment is primarily to protect political speech, and politics usually winds up with somebody (or lots of somebodys) getting killed.

      --
      Benjamin Coates
  • Torn! (Score:5, Interesting)

    by SuperguyA1 ( 90398 ) on Friday May 17, 2002 @02:11AM (#3535298) Homepage
    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.

  • but i wish i could.

    i used to think abortion was okay. i used to think i was "enlightened" for thinking so.

    but after careful, deliberate thought something occurred to me: we don't know with absolute certainty that a fetus is not a living being. sure, the supreme court says that a fetus isn't viable until 6 months and therefore can be aborted, but i don't trust the supreme court any farther than i can throw clarance thomas.

    what do the scientists say? they seem to be just as divided on this subject as the rest of the population. and this is the heart of the matter: we cannot say with absolute certainty when a fetus is a living being.

    now, in almost every other aspect of human life, when the stakes are high, we tend to exercise more restraint. "err on the side of caution" as the saying goes. why are we so certain in this case that, since we can't be sure, it's okay to abort these pregnancies when we don't really know?

    the last was rhetorical, of course. if i made you stop and think for a second, i've done my job. if you jerk your knee and retreat into the same old tired arguments, i've failed.

    i hope you just stop and think. don't blindly believe what your teachers told you, don't believe what eMpTV tells you, and please, for the love of everything sacred, don't believe what CNN tells you. stop and think.
    • Who gives a shit if it's alive or not? , that's not the issue in my opinion;
      rather; will it have parents to love it and care for it.

      You should probably go vegan to - just use the same type of "deliberate thinking" to sort the issue of eating dead animals out.

      moderations:
      troll: 3
      insightful: 1

      That's what we get for trying to keep religious belief out of our schools. (nope, i'm not an american)
      • rather; will it have parents to love it and care for it.

        ok, let us think about this gem for a minute.

        say johnny is born to a loving family. mom and dad do everything just right, and little johnny is plenty happy. 4, 5, 6 years pass. then one day, the unthinkable happens: the parents both die in a car wreck. there are no other living relatives to take care of little johnny. with your line of thinking, it would then be time to kill the boy, 'cause there's no parents left to "love it and care for it".

        (nope, i'm not an american)

        don't worry, we won't hold that against you when some big bad man takes over your country and we have to come save you.
    • by Anonymous Coward
      Earn some first year biology -- a blastocyst is not a human being. Currently accepted research suggests that a developing fetus (wrong definition -- can't think of the right word) doesn't have a nervous system developed to the point that it would be capable of even rudimentary sensory perception until at least 15 weeks. No nervous system == vegetable. A vegetable is not morally worthy of consideration when you apply rights to it that supercede the rights of a grown human being to self-determination.

      Plus there is always the extremely kooky idea among the educated and/or enlightened that your body is actually your own and that you have the right to exert control over the natural processes that of your body. However, that runs against the concepts of "surrendering yourself to G*d" that is so common in many of the religions and it is those ideals that are used to deny women the right of controlling their reproductive processes through law.
    • For all practical purposes, even a newborn child is barely able to survive. Without care it won't last long; even more so - children born prematurely, just couple of weeks earlier than they should.

      But to me, the whole discussion makes no sense. In civilized countries (Europe) people don't debate this issue so intensely. People are cheap, and unborn people are even cheaper. The world does not need more people; humanity already overuses natural resources of the planet. What this world needs is better life for those who are already born, and for those children who are wanted.

      If this discussion [in the society] continues, soon it will be a crime to not marry; it will be also a crime not to have sex with everyone around you - because in each of those cases one less person is born, and therefore "killed". This is an argument as reasonable as any of those somebody's-else-internal-organs-watchers.

      • For all practical purposes, even a newborn child is barely able to survive. Without care it won't last long; even more so - children born prematurely, just couple of weeks earlier than they should.

        by that line of thinking it would be okay to "abort" a pregnancy after birth. what a concept.

        In civilized countries (Europe) people don't debate this issue so intensely.

        and what in the name of spider-man does that have to do with anything? last i checked, this post was about a ruling in america.

        oh, but of course: everything the europeans do is correct because, well, they're europeans.

        People are cheap, and unborn people are even cheaper.

        and soon, me and people like me will be the cheapest of all because we disagree with the State. don't worry, they'll never come for you.

        What this world needs is better life for those who are already born, and for those children who are wanted.

        what this world needs is for all life to be valued.

        If this discussion [in the society] continues, soon it will be a crime to not marry; it will be also a crime not to have sex with everyone around you

        sorry, that's a logical fallacy, namely the slippery slope. try again.

        • by that line of thinking it would be okay to "abort" a pregnancy after birth. what a concept.

          Not a new one. Many cultures practiced infanticide. But, as I said, I don't care anyway.

          and what in the name of spider-man does that have to do with anything?

          It was a suggestion to grow up, as a society ;-) Cynicism rules the world, even in USA. It is just more convenient to argue about 1000 abortions ignoring at the same time suffering of -billions- of people elsewhere. A pacifier, if you like.

          and soon, me and people like me will be the cheapest of all

          IMO, we all already are, and always were.

          what this world needs is for all life to be valued.

          Well, if a poor woman does not want to carry the fetus, then you should volunteer and offer your own body instead! Be consistent, do what you preach. I don't care.

    • I am a pro-choice advocate. Woman's body, woman's choice. There is nothing I have seen, read, or be taught that shows me abortion is wrong. I won't go into details because that's not the point.

      The point is, this gentleman has made a very decent argument in favor of pro-life. There is nothing rude, offensive, or inappropriate about this posting. It's intelligent and well written.

      Why the hell is he being negatively moderated?

      This post is NOT a troll, you fools! Attention to moderators: just because YOU disagree with someone's ideas, DOES NOT give you the right to silence them. I am sure not everyone on /. is as pro-choice as I am. In fact, it's probably half. This post should be mod'ed up and up and up so that it gets read by everyone. If only half the posts on /. were this insightful.

      But that won't stop assholes with mod points. Just note that you will be meta-moderated accordingly, and I am one of those who meta-moderates daily.
      • oh my word, thank you.

        thank you for making a damned good point. more importantly, thank you for labeling me pro-life in lieu of "anti-abortion" or "abortion foe" or some such tripe. you don't know the agony it is to be mislabeled so frequently by the mass media and it's adherents.

        truth be told, i don't give a rats ass about karma, but i did want this particular post to be read. again, thanks.
      • Woman's body, woman's choice. There is nothing I have seen, read, or be taught that shows me abortion is wrong.

        In opposition to the latter part of your statement, I do think it's wrong. But that's my personal opinion, which is nicely trumped by the first part of your statement, leaving me pro choice as you are.

        That's why it's pro-choice, not pro-abortion as we are often mislabeled by the pro-life crowd.
    • Are you willing to tell a 13-year-old girl who's just been raped that she must carry the child to term?

      One thing that's always annoyed me about the anti-abortion position is that so few of the believers have the courage of their convictions. The pro-life movement doesn't talk much about scenarios like these, although you'll see a few folks who are willing to stand up and say these girls must carry the child to term no matter how bad it messes her up. The rest hide behind "except in cases of rape and incest" phrases as if people born of rape are somehow less human than those of us conceived out of love.

      Speaking as both a father of an adopted child and as someone who's pro-choice, I'm very aware of the consequences of abortion. It's a hideous act, but the reality of not having it available is worse in my opinion.

    • First, I want to congratulate you on a well written argument. I don't really agree with it, but it was well written and thought out.

      Now, the issue isn't so much your individual choice. The issue is imposing your choice on others. Some people are always going to seek out abortions. This maybe because of irresponsibility, medical problems, rape, etc. Who knows all the possible reasons. The fact remains, some people will want/need abortions.

      The only thing outlawing abortion will do is put these people at risk. It will stop some abortions, but not 100% of them.

      I think your approach is the right one. If you don't like it then you can try to educate people to see your point of view. Talk with them. Provide them more information if they ask for it. Don't yell "murderer" in their face. Don't create "Wanted Posters".

      I wonder how the people of the site would feel if a counter-site appeared listing their personal information on it?
  • by Animats ( 122034 ) on Friday May 17, 2002 @02:49AM (#3535429) Homepage
    From the opinion: This case is proof positive that hard cases make bad law, and that when the case is very hard ? meaning that competing legal and moral imperatives pull with impressive strength in opposite directions there is the distinct danger of making very bad law.

    This case revolves around what's a "true threat", as in extortion and assault. (Assault is a threat of violence, like pointing a weapon at somebody.) The defendants identified specific people as targets, some of whom were killed by other, unrelated persons. This is less than assault, but more than political speech. It's really tough to decide where it belongs.

    Note that this is a civil case. There are only money damages involved. Nobody goes to jail.

  • terrorist
    SYLLABICATION: terrorist
    PRONUNCIATION: trr-st
    NOUN: One that engages in acts or an act of terrorism.
    ADJECTIVE: Of or relating to terrorism.
    OTHER FORMS: terroristic --ADJECTIVE

    terrorism
    SYLLABICATION: terrorism
    PRONUNCIATION: tr-rzm
    NOUN: The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

    I thinks this describes those behind "The Nuremberg Files" pretty accuratly. They, like Osama Bin Laden, are just too cowardly to do the dirty work themselves. Instead they push some weak minded religious zealot into doing it for them. At least Bin Laden admitts to his crimes.

    • It's about time somebody called it what it is! This list was the abortion performing doctor equivalent of the "fatwa" against Salman Rushdie, though without the reward (though the murderers probably felt they would be rewarded amply by going to heaven for their crimes). Not to mention, this is awfully similar to the ideas that were floating around that Al-Qaeda were sending coded instructions to their operatives over the internet - a very loosely-knit organization operating on an ultra-small scale in many locations and using technology to "spread the word". Sure sounds like the anti-abortion movement's connection to the doctor-murderers to me.

      "I don't like what you do or say, therefore you must die". Terrorism, plain and simple. It is NOT free speech, and it has no place in a free and democratic society.
  • How on Earth could this have taken so long to be outlawed?

    Of course this is a threat!

    This would have taken no time to remove if it were a listing of Pro Life women to rape and impregnate.

    Without getting into my "Sometimes abortions should be allowed until the age of 25" rant let me tell you how amusing I find the current Pro Lifers having to deal with homosexual sex scandals. Hardly Pro Life now is it?

    At least in the 80s they were banging women.
  • I think the comment on "whether a website can or cannot meet that standard" is misleading. This is Not an issue.

    It is an utter falicy to asume that the Internet is somehow detached from common laws. These rules still apply, and it is no use claiming that there is 'no juisdiction'. Especialy when the law in question is one common to almost all of the world.

    What this is about is if it is okay to indirectly threaten the life of someone. In my opinion, the indirect urging of someones death is proportionaly responcable for that death. Regardless of if the threat is published on the web, in a news letter, by samizdat or on the side of cows.

    It is ironic that the site names its self after Nuremberg, yet claims the same defence.
  • Would anyone like to create a new website?
    Get photos and publicly available address info for the people responsible for that website. Make "Wanted: Dead or Alive" posters.

    Turnabout is fair play, and it's a golden opportunity for parody :)

    -
  • Here's a quick acid test for you: Change the subjet from "abortion preforming doctors" to "key devleopers of linux" or "top execustives at Microsoft," and see if you opinions change any.
  • by Guppy06 ( 410832 ) on Friday May 17, 2002 @09:41AM (#3536590)
    From my memory of the last time the Nuremberg List was posted on Slashdot, I predict that there will be at least two dozen posts talking about how the Nuremberg trials after the end of World War II were retroactive. They weren't. The surviving leaders of Germany and Japan (and the other Axis countries) were tried for violations international laws Germany had signed well before WWII.

    The Geneva Conventions in question were first ratified in 1864 and later modified in 1906. They dealt with the treatment of the sick and wounded. Additions were made to the conventions in 1929 concerning the treatment of prisoners of war. There were more modifications made in 1949, but by then the trials were long done.

    The Hague Conventions were first ratified in 1899 and modified in 1907. They dealt with certain kinds of weapons (such as chemical weapons) and outlined the treatment of both prisoners of war and civillians.

    The Kellogg-Briand Pact, ratified in 1928, outlawed war as a tool of national policy (ie. aggression).

    There were also a few other laws that were brought up (such as the naval law against false flags and such), but these were the big ones.

    As can be seen, all of these treaties were drawn up well before the start of World War II. More importantly, Germany signed on to each and every one of these treaties, bringing themselves under their jurisdiction. This is similar to the way that Milosveic is being brought to trial for violations of the Dayton Accords (to name one) he signed on to years earlier.

    Of course, the people who maintain the Nuremberg List are those kinds of people that, if you begin to understand their "logic," you should seek professional help...
  • Direct threats (Score:3, Informative)

    by markmoss ( 301064 ) on Friday May 17, 2002 @10:33AM (#3536899)
    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.

    Of course a web site can meet that standard: (16 pt type) KILL THIS MAN (picture) (name and address) (why he should die) (suggested assassination methods, where to buy sniper rifles, car bombs, etc).

    It is illegal to say "Kill this man", when it's clear that you really mean it, and it's still illegal if you direct this message to the general public (through a web site, a broadcast, or a speech) rather than a specific person.

    The question is whether this particular web site meets this standard, because it does not explicitly tell anyone to kill the abortionists it identifies. It's a borderline case. It's pretty clear that the authors of the web site hope someone will do something bad to the persons named, but it may not even say abortionists should be killed (or even harassed) - it just attracts those who do believe that. IMO that is the web site authors' intention, but if they were careful about what got recorded in e-mail or print, that may be impossible to prove beyond a reasonable doubt.

    Think about the principles here in a less emotional case. How about a web site that says "Commodity traders are scumbags who ought to be shot", and "John Doe is a commodity trader". It leaves it up to the reader to complete that syllogism. Is this protected speech? Is the author responsible if some unsuccessful investor reads the web site, then in fact shoots John Doe?

    How about if the web site doesn't explicitly say anything against commodity traders, aside from a URL like "commodityfraud.com"? It just gives the traders' name, address and picture - and it is going to be found by people with a grudge against commodity traders.

    I think the "nuremberg" web site lands somewhere between those cases. It is knowingly set up to be easily found by those who do want to kill abortionists, it makes it easy for them to find their victims, and it probably avoids directly telling them to kill but gives a certain amount of moral encouragement.

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