Dennis case
History, as is well known, teaches only that which teaches nothing to anyone.
The last few years have been marked by active attempts by the state (not only Russian, but also many foreign ones) to judge their citizens for disagreeable beliefs - thought-offenses, as Orwell would say - when impulse to violent people is attributed to abstract phrases and judgments action. I think the practice of using art. 282 of the Criminal Code disturbs many habrovchan, as well as American citizens are concerned about the laws on countering terrorism.
Meanwhile, nothing is new under the Moon, and similar processes have occurred repeatedly. In this topic, I would like to talk about the events of 40 years ago associated with the name of Eugene Dennis. These events are remarkable for the fact that they correlate remarkably well with what is happening in Russia today - let us hope that the outcome too.
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The United States has its own law on countering extremism - 18 USC §2385 , better known as the “Smith Act” or “Alien Registration Act”. Compared to him, art. 282 - real indulgence:
What roughly means the following:
Stationery English is hellish tin.
It should be noted that in the years 1918-1920 the Sedition Act also acted in the USA, which imposed the same punishment on daring to simply criticize the government or the armed forces of the United States.
This may seem strange to some, but in the USA there is a Communist Party - the Communist Party of the United States of America, which is proud, by the way, that it stood at the bottom of most major American trade unions.
The history of this game is quite solid, dating back to the 19th century. In 1944, the number of CPUSA reached 80 thousand people, and in 1945 it was headed by the hero of our story - Eugene Dennis.
Thunder struck in 1948, with the beginning of the so-called. "McCarthy era" - the period of the witch hunt and the fight against the red menace. The entire leadership of the party — more than 140 people — was arrested on charges of violating the Smith Act. It should be noted that CPUSA has always declared the coming to power in a constitutional way!
The Basmanny court seems to be an example of gentleness and justice compared to the “Dennis v. United States” process, the first of the trials of the leaders of the CPUSA, where there were 11 people in the dock. As mentioned above, the Communist Party of the United States in general, and Eugene Dennis in particular, did not put forward any revolutionary slogans, but this did not bother the prosecution. As evidence of a violation of the Smith Act, Marx’s Communist Manifesto, extremist literature, as they would say today, was published and distributed by American communists was presented. Indeed, Marx after all asserted the inevitability of the communist revolution! In addition, the court took into account the testimony of witnesses - former members of the Communist Party - who testified under oath that Dennis and others accused in private conversations called for the overthrow of the government!
As a result, 10 defendants were sentenced to 5 years of imprisonment and a fine of 10 thousand dollars, one more - a war hero - to three years. In addition, all five defendants' lawyers were accused of contempt of court and spent several months in prison. In 1951, the US Supreme Court confirmed this sentence. The materials of this remarkable process can be found here: supreme.justia.com/us/341/494/case.html
The point in this story was set in 1957 during the consideration of the Yeats v. United States case . The formulations given in the court decision fully and exhaustively reveal the essence of the issue and, it would seem, should have become a guide to action in all such matters. Alas, this did not happen, and such a remarkable decision has already been completely forgotten in the United States, and no one in our country knew about it.
What roughly can be translated as follows:
In his explanation, the Supreme Court explicitly pointed out that propaganda of principles that do not imply specific violent actions cannot be considered extremism, nor can anyone be convicted of their beliefs, even if they suggest violent change of government.
Unfortunately, this remarkable judgment has recently become increasingly alien to both our and foreign justice. We can only hope that the story will happen again.
The last few years have been marked by active attempts by the state (not only Russian, but also many foreign ones) to judge their citizens for disagreeable beliefs - thought-offenses, as Orwell would say - when impulse to violent people is attributed to abstract phrases and judgments action. I think the practice of using art. 282 of the Criminal Code disturbs many habrovchan, as well as American citizens are concerned about the laws on countering terrorism.
Meanwhile, nothing is new under the Moon, and similar processes have occurred repeatedly. In this topic, I would like to talk about the events of 40 years ago associated with the name of Eugene Dennis. These events are remarkable for the fact that they correlate remarkably well with what is happening in Russia today - let us hope that the outcome too.
')
Smith Act
The United States has its own law on countering extremism - 18 USC §2385 , better known as the “Smith Act” or “Alien Registration Act”. Compared to him, art. 282 - real indulgence:
Whoever knowingly or willfully advocates, whether it is necessary, or that needs to be taken into account? there is a political subdivision therein ...
What roughly means the following:
Anyone who knowingly or deliberately advocates, encourages, advises or teaches the necessity, desirability or legitimacy of changing or destroying by force the government of the United States or the government of any state, territory, county or government or government of any political division, or killing any official of such government; ... Should be fined and / or imprisoned for up to 20 years ...
Stationery English is hellish tin.
It should be noted that in the years 1918-1920 the Sedition Act also acted in the USA, which imposed the same punishment on daring to simply criticize the government or the armed forces of the United States.
McCarthyism
This may seem strange to some, but in the USA there is a Communist Party - the Communist Party of the United States of America, which is proud, by the way, that it stood at the bottom of most major American trade unions.
The history of this game is quite solid, dating back to the 19th century. In 1944, the number of CPUSA reached 80 thousand people, and in 1945 it was headed by the hero of our story - Eugene Dennis.
Thunder struck in 1948, with the beginning of the so-called. "McCarthy era" - the period of the witch hunt and the fight against the red menace. The entire leadership of the party — more than 140 people — was arrested on charges of violating the Smith Act. It should be noted that CPUSA has always declared the coming to power in a constitutional way!
The Basmanny court seems to be an example of gentleness and justice compared to the “Dennis v. United States” process, the first of the trials of the leaders of the CPUSA, where there were 11 people in the dock. As mentioned above, the Communist Party of the United States in general, and Eugene Dennis in particular, did not put forward any revolutionary slogans, but this did not bother the prosecution. As evidence of a violation of the Smith Act, Marx’s Communist Manifesto, extremist literature, as they would say today, was published and distributed by American communists was presented. Indeed, Marx after all asserted the inevitability of the communist revolution! In addition, the court took into account the testimony of witnesses - former members of the Communist Party - who testified under oath that Dennis and others accused in private conversations called for the overthrow of the government!
As a result, 10 defendants were sentenced to 5 years of imprisonment and a fine of 10 thousand dollars, one more - a war hero - to three years. In addition, all five defendants' lawyers were accused of contempt of court and spent several months in prison. In 1951, the US Supreme Court confirmed this sentence. The materials of this remarkable process can be found here: supreme.justia.com/us/341/494/case.html
Yeats case
The point in this story was set in 1957 during the consideration of the Yeats v. United States case . The formulations given in the court decision fully and exhaustively reveal the essence of the issue and, it would seem, should have become a guide to action in all such matters. Alas, this did not happen, and such a remarkable decision has already been completely forgotten in the United States, and no one in our country knew about it.
It was not the conviction of the jury, the beliefs, or the rules, or the rules, or the predictions.
"It is a lawsuit." "... it was not a law."
What roughly can be translated as follows:
After telling the jury of the impossibility of convicting the accused that they share or express opinions, confidence or predictions relating to a violent coup, the court determined the content of prohibited propaganda or training in the following terms, which are key here:
“Any propaganda or training that does not include an incentive to use force and violence as a means of changing and destroying the United States government cannot be a subject of accusation and cannot be a basis for sentencing.” ... The law is aimed primarily against propaganda and training in specific actions a violent change of government in the United States, and not against principles apart from action .
In his explanation, the Supreme Court explicitly pointed out that propaganda of principles that do not imply specific violent actions cannot be considered extremism, nor can anyone be convicted of their beliefs, even if they suggest violent change of government.
Unfortunately, this remarkable judgment has recently become increasingly alien to both our and foreign justice. We can only hope that the story will happen again.
Source: https://habr.com/ru/post/97787/
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