Deliberate Intent Analysis

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Deliberate Intent Does the first amendment protect advocating murder? In the movie Deliberate Intent, a women, child, and nurse are murdered and the killer read a book that was an instructional guide on how to be a hitman. The characters plan to sue the publisher, Paladin Press. They plead that they are protected under the first amendment’s freedom of press. Paladin Press in responsible for the death of these people and the first amendment should not protect those who are advocating murder. A precedent court case was Schenck v. United States. Charles Schenck was convicted for giving out pamphlets to draftees saying how they should avoid the draft. He was convicted for violating the Espionage Act of 1917. Schenck said he was protected under first amendment rights. At the end of the trial, the Supreme Court ruled that Schenck was guilty because his actions created clear and present danger to the country. This is why someone cannot shout “fire” in a crowded theater. The book Hitman created a clear and present danger to citizens. It created trained killers and told them how to get away and not get caught. Under this court case, Paladin Press should be found guilty and pay for their crimes. A second precedent set in the case of Brandenburg v. Ohio said that the government cannot punish a person’s speech unless it is likely to incite imminent lawless action. Clarence Brandenburg, a KKK leader, had one of his rallies televised and was charged with advocating violence. Brandenburg said that he was protected by the first amendment under the right of free speech. At the end, the Supreme Court ruled in favor of Brandenburg. In Deliberate Intent, Paladin Press had changed the original purpose of the book. It was originally supposed to be a story of the life of a hitman, but they changed it into a how-to guide. By doing this they created a book to “incite imminent lawless

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