Carrying the Bible an Offense?
At 3:41 PM 2/14/96, Sten Drescher wrote:
"Declan B. McCullagh" <declan+@CMU.EDU> said:
DBM> (I assume your Bible argument is just posturing. No DBM> U.S. Attorney, political appointees they, ever will prosecute DBM> someone who puts the complete text of the King James Bible DBM> online.)
You assume wrong. While I certainly agree that no U.S. Attorney would voluntarily prosecute such a case, what happens when an athiest files charges against someone for carrying the Bible? IANAL, but couldn't the U.S. Attorney be forced to prosecute?
I'm also not a lawyer, but no prosecution is possible in this situation. Not in this country. A case must be presented to a grand jury (remember the Zimmermann case?) and no grand jury in the United States would do this. There are two further points which need clearing up: 1. Private citizens (the atheist in this case) do not file criminal charges. They may swear out a complaint ("I witnessed John Doe carrying a Bible"), but they do not file criminal charges. 2. The "carrying of a Bible" is not covered by the CDA. No prosecutor can be "forced" to prosecute, absent approval by a grand jury. (And if a prosecutor doesn't want to indict a ham sandwich, it won't be indicted.) --Tim May [This Bible excerpt awaiting review under the Communications Decency Act] And then Lot said, "I have some mighty fine young virgin daughters. Why don't you boys just come on in and fuck them right here in my house - I'll just watch!"....Later, up in the mountains, the younger daughter said. "Dad's getting old. I say we should fuck him." So the two daughters got him drunk and screwed him all that night. Sure enough, Dad got them pregnant....Onan really hated the idea of doing his brother's wife and getting her pregnant while his brother got all the credit, so he pulled out before he came....Remember, it's not a good idea to have sex with your sister, your brother, your parents, your pet dog, or the farm animals, unless God tells you to. [excerpts from the Old Testament, Modern Vernacular Translation, TCM, 1996]
On Wed, 14 Feb 1996, Timothy C. May wrote:
1. Private citizens (the atheist in this case) do not file criminal charges. They may swear out a complaint ("I witnessed John Doe carrying a Bible"), but they do not file criminal charges.
I don't know about the US, but under British common law it's possible to bring private prosecutions; this is incredibly rare, but still possible. --- They say in online country So which side are you on boys There is no middle way Which side are you on You'll either be a Usenet man Which side are you on boys Or a thug for the CDA Which side are you on? National Union of Computer Operatives; Hackers, local 37 APL-CPIO
tcmay@got.net (Timothy C. May) said: TCM> There are two further points which need clearing up: TCM> 1. Private citizens (the atheist in this case) do not file TCM> criminal charges. They may swear out a complaint ("I witnessed TCM> John Doe carrying a Bible"), but they do not file criminal TCM> charges. OK, how about `press charges`? And please, don't try telling me that private citizen's don't `press charges`, because one of the well reported problems in fighting domestic violence has been the battered spouse (almost always the wife) refusing to press charges. TCM> 2. The "carrying of a Bible" is not covered by the CDA. You are the only one who has suggested that it is. I have suggested that portions of the Bible are 'indecent', and that electronic transmissions of the same would fall under the CDA ban. TCM> No prosecutor can be "forced" to prosecute, absent approval by a TCM> grand jury. (And if a prosecutor doesn't want to indict a ham TCM> sandwich, it won't be indicted.) OK, how about this. J Random Atheist, Jr, comes across the Bible on the 'net. J Random Atheist, Sr, finds out, and is appalled, and swears out a complaint. The AUSA refuses to investigate. Could J Random Atheist, Sr, file a lawsuit against the AUSA because he is being denied equal treatment under the law? -- #include <disclaimer.h> /* Sten Drescher */ Unsolicited email advertisements will be proofread for a US$100/page fee.
On Thu, 15 Feb 1996, Sten Drescher wrote:
... OK, how about this. J Random Atheist, Jr, comes across the Bible on the 'net. J Random Atheist, Sr, finds out, and is appalled, and swears out a complaint. The AUSA refuses to investigate. Could J Random Atheist, Sr, file a lawsuit against the AUSA because he is being denied equal treatment under the law?
Can he file suit? Sure. I can sue you for stealing my pig. Can he win? No. Prosecutorial immunity. EBD
-- #include <disclaimer.h> /* Sten Drescher */ Unsolicited email advertisements will be proofread for a US$100/page fee.
Not a lawyer on the Net, although I play one in real life. ********************************************************** Flame away! I get treated worse in person every day!!
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