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Don't be too sure! Check out this amazing survey article on "Crime-facilitating speech" by Eugene Volokh: http://www2.law.ucla.edu/volokh/facilitating.pdf http
by areyousure 10y ago
Don't be too sure! Check out this amazing survey article on "Crime-facilitating speech" by Eugene Volokh: http://www2.law.ucla.edu/volokh/facilitating.pdf http://www2.law.ucla.edu/volokh/facilitating.pdf
Not only will you find examples of things like courts finding liability if "a newspaper publishes the name of a witness to a crime, thus making it
easier for the criminal to intimidate or kill the witness" (with no intent on the part of the newspaper) [18] or "a Web site or a newspaper article names a Web site that contains
copyright-infringing material, or describes it in enough detail that readers could quickly find it using a search engine" [26], there are also examples more directly relevant to this situation. I think references [19, 37, 38, 39, 40] are most relevant.
[19]: "publish[ing] . . .the residence address or telephone number" of various law enforcement employees "with the intent to obstruct justice" is illegal in many states, including California.
[37] My reading of United States v. Lane, 514 F.2d 22 (9th Cir. 1975) is that advising people not to sell drugs to a person because you heard something interesting on a police scanner is aiding and abetting a conspiracy. The court said the defendant "could not seriously contend that he was discouraging, rather than aiding and abetting, the commission of the crime" in response to his assertion that "he actually advised against it".
[38]: My reading of United States v. Bucher, 375 F.3d 929 (9th Cir. 2004) is that it is walking down a trail to warn a person whom park rangers intend to arrest is interfering with both the rangers and their official duties (and thus illegal).