Submitted by Supreme Court of NSW Lawyer Peter Kemp on Tue, 12/28/2010 – 04:58
THOSE INCITING MURDER UPON JULIAN ASSANGE AND/OR MEMBERS OF HIS FAMILY.
We, among many law abiding citizens of the world deplore and condemn, as applicable, your utterances and writings calling for the extra judicial ie unlawful: kidnapping/assassination/murder/physical harm of Julian Assange, his supporters, Wikileaks workers or members of Assange’s family.
We remind you of the laws in your country and others against incitement, inter alia:
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime….The inciter must intend the others to engage in the behaviour constituting the offence, including any consequences which may result, and must know or believe (or possibly suspect) that those others will have the relevant mens rea.”
Codified Incitement Law:
(1) Australian Commonwealth
(1) A person who urges the commission of an offence is guilty of the offence of incitement.
(2) For the person to be guilty, the person must intend that the offence incited be committed.
464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,(a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and
There is no automatic 1st Amendment protection per
Brandenburg v. Ohio, 395 U.S. 444 (1969):
Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action
We remind you that while such prima facie incitement by way of utterances and writings may go unpunished in your country, they will not necessarily go unpunished in others, and especially so should you have the courage of your convictions to repeat them in those other jurisdictions.
We ask you respectfully, to contemplate this writing of Mahatma Ghandi:
And that truth is that Julian Assange is no terrorist; he is not a war defined “belligerent” acting against the United States; he cannot ever be a “traitor”to the USA since by definition he is not a citizen of the United States.
And lastly as Ron Paul put it so well:
In a society where truth becomes treason, however, we are in big trouble. The truth is that our foreign spying, meddling and outright military intervention in the post-World War 2 era has made us less secure, not more, and we have lost countless lives and spent trillions of dollars for our trouble. Too often it’s the official government lies that have given us endless and illegal wars resulting in hundreds of thousands of deaths and casualties.
Peter H Kemp
The Wikileaks Central Crew
And I believe, so many others all over the world.
http://wlcentral.org/node/725 – sourced online 28/12/2010