The Southpaw Spot

I believe Ann Coulter has committed a crime.

"We need somebody to put rat poisoning in Justice Stevens' creme brulee," Coulter said. "That's just a joke, for you in the media."

There is a problem with this statement. It threatens the life of a judge on the federal bench. Federal criminal statute, 18 U.S.C. §115 (a)(1)(B) states:
"Whoever threatens to assault…. or murder, a United States judge… with intent to retaliate against such… judge…. on account of the performance of official duties, shall be punished [by up to six years in prison]"

You cannot say "ha ha, just joking!" and be absolved of such a statement. Such a statement, in my opinion, is not protected by the First Amendment. There are limits on the First Amendment- and all constitutional amendments. The First Amendment does not protect statements that pose a threat to the safety of the public- or to the life of a judge, for that matter.

The prohibition on shouting "fire!" in a theater is the most well known limitation on the First Amendment. In Schenck v. United States, Chief Justice Holmes and a unanimous court held that the First Amendment did not protect speech encouraging insubordination. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent," wrote Holmes.

Coulter and those who defend her may say that there is no impending clear and present danger in her statement. I say that there is- because anyone who has read Ann Coulter knows that to a degree, she's not joking. I believe, as an attorney and an officer of the court, that Ann Coulter has committed a crime.

No matter how angry liberal commentators get at the right, I can't recall one who has even joked about poisoning a public official. James Carville, Al Franken, Maureen Dowd- they all get pretty ticked off at the right. I'm putting my money where my mouth is, Ann. I will donate $100 to the Republican National Committee if you can show me proof that any of these people ever called for, or even joked about, the death of a Republican.

Ann Coulter lives in her own little world. In the same speech, she stated that the crack cocaine problem "has pretty much gone away."

This is not true.

Number of emergency department mentions of cocaine, 1995–2002

for the year 1995: 135,711 and for the year 2002: 199,198

Source: Drug Abuse Warning Network.

Looks like an upward trend to me. I could go on with more statistics, but it is more important to write this: Even though Crack is no longer in the news, it's out there. Even if it were no longer a problem (which it is,) there are drug problems out there, perhaps bigger. There's methamphetamines. There's the abuse of painkillers such as Vicadin and OxyContin. You can find out more at websites such as www.drugabuse.gov and www.drugfreeamerica.org.

Ms. Coulter, if you are reading this, I challenge you to a debate. In any forum, at any time. The subject will be the drug problem in America. You can tell me how crack is going away, and I will prove you wrong. No mention of politics, no mention of whose policies work and whose don't, no name-calling. Just a debate on how bad the drug problem in America really is. The only weapons you may bring are facts and proof. And I will kick your butt from here to Timbuktu, because the facts are on my side.

I'm waiting, Ann.

posted by The leftist southpaw @ 8:52 PM