IIED and vagueness

[Brownstein, Alan]

I'm not sure if this is technically fighting words, but I suspect many
people would agree with Mark as to the feelings generated by these
protests.  

 

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Scarberry, Mark
Sent: Thursday, November 01, 2007 10:46 AM
To: Law & Religion issues for Law Academics
Subject: RE: IIED and vagueness

 

Then I suppose I'd be inclined to argue that IIED as applied in this
case is constitutional on Eugene's approach, because what the protesters
were doing was very much like fighting words and should not be
considered to be protected speech. I'm not sure the quote is correct,
but I think H.L. Mencken said, "Every normal man must be tempted at
times to spit upon his hands, hoist the black flag, and begin slitting
throats." I have to say that if the law cannot somehow restrain these
despicable protesters from inflicting such harm on grieving relatives of
fallen soldiers, many of us will be tempted. The protesters can hold
their protests anywhere else and any other time. 

 

On the theory that if one quote is good, two must be better, I'll add
that if the law cannot prevent them from doing so at a soldier's funeral
then Mr. Bumble was right that "the law is a ass--a idiot."

 

Mark Scarberry

Pepperdine


 

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