<br><div class="gmail_quote">On Tue, Jan 31, 2012 at 11:53 AM, Kerry Brown <span dir="ltr"><<a href="mailto:kerry@kdbsystems.com">kerry@kdbsystems.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
I think most people are missing the point here. The fact that Homeland Security is monitoring tweets of anyone and everyone is very scary to me. The fact that they reacted poorly to foreign slang is a minor issue. Why are the monitoring tweets in the first place?<br>
</blockquote><div><br>Good point. Average people, at least in the USA, are sufficiently paranoid that there is a reasonably high chance they will report something perceived by them to be a real threat, as opposed to a joke. But that is not the only way the system is working nowadays.<br>
<br>The direct answer to the original question regarding the protection of humor is that humor, while protected, would be a First Amendment-based *affirmative defense*. As such, it will not stop an arrest or detention, but <b>it might work at trial with a jury</b>,if you can get one and are not instead detained indefinitely based on the invocation of national security concerns... Of course, if one has to go to trial on a humor defense, it's not funny at all and one has already lost. Also, in the context of a nationa security-related trial, I can pretty much guarantee that people will be in a frame of mind the courtroom not to experience anything as humorous, because the prosecutor will be portraying it as sinister or violent, and one (as a juror) is not supposed to make up one's mind and thereby appreciate the true humor of it until the trial is over. <br>
<br>Bottom line: Humor just ain't funny (in this context). <br><br>The "better safe than sorry" attitude expressed even here on this list operates to create some pretty grim results from time to time. National security agents are now supposed to "connect the dots" at all costs (to prevent more 9/11's) and sometimes they will "connect dots" that don't exist, and see patterns that are not really there...<br>
<br>Benjamin Franklin and others have tried to popularize the idea that those who would trade liberty for security deserve neither. Many forms of this quote are attributed to Franklin but the gist is: "<b>Those Who Sacrifice Liberty For Security Deserve Neither." </b>I.e. we've got to tolerate significant insecurity in order to preserve liberty.<br>
<br>In that spirit, I'd rather trade in the regular hassle and invasion of privacy of body searches on every plane for the glorious chance to rush a terrorist and either succeed, or go down in a blaze of glory. Something like that, within reason, is the proper attitude of a freedom loving person. (They can still scan luggage, etc, for bombs)<br>
<br>Paul Lehto, J.D.<br><br></div><blockquote class="gmail_quote" style="margin:0pt 0pt 0pt 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<span class="HOEnZb"><font color="#888888"><br>
Kerry Brown<br>
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<br></blockquote></div><br><br clear="all"><br>-- <br>Paul R Lehto, J.D.<br>P.O. Box 1 <br>Ishpeming, MI 49849 <br><a href="mailto:lehto.paul@gmail.com">lehto.paul@gmail.com</a><br>906-204-4026 (cell)<br><br><br><br><br>
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