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this post was submitted on 04 Oct 2024
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Charles Manson would like to hire you as a lawyer.
Charles Manson was guilty of murder and conspiracy, which are more than just influencing others. Both require taking some concrete action.
Oh so you just have no idea what he's in jail for, got it. He never murdered anyone, he famously convinced other people to commit murder and got convicted of murder himself. You know, the complete opposite of what you think the 1st amendment protects you from.
He didn't just convince people. For example, in one of the murders he drove with his accomplices to the crime scene.
Prosecutors can use any concrete action, no matter how minor, to tie him to the murder. Manson's gun was used in the Tate murders, which is more than enough. But even giving the others a place to stay can be enough.
Shit, we better get to locking up all the parents. Sorry Ma and Pa, he lived under your roof for 15 years obviously you're an accessory.
The elements of a conspiracy are (a) planning a crime with someone, and (b) taking any step, no matter how minor, to advance the plan.
Both are necessary. Planning a violent revolution without taking any concrete action is just talking shit, which is generally not illegal. Good thing for Lemmy users.
Likewise, inadvertently helping a murderer without having a criminal plan, like Ma and Pa, is also not illegal.
Put the two together, and you've got an illegal conspiracy.
Oh so you lied earlier then.
No, I didn't. I'll walk you through it again.
(a) Manson convinced people to join his murder plan. But he didn't just convince people, he also
(b) Took a concrete step to actualize his plan
When (a) and (b) are both present, that's a conspiracy
Yeah I get what you're saying now. The gun and the place to stay aren't enough on their own. That's not what you said earlier. Likewise trying to conduct diplomacy as a private citizen is both A and B. The conspiracy to interfere with the elected will of the people and actually doing so.
"Interfering with the elected will" is not a crime.
If it were, all protests would be illegal.
Obviously it is. Otherwise the Logan act wouldn't exist.
That's like saying "homosexuality is a crime in Texas, because a law against it exists".
If nobody will enforce a law that's obviously unconstitutional, then that law de facto does not exist.
It's not unconstitutional just because you like it though.
No, but that would explain why literally no prosecutor has enforced this law in over 150 years.