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Yeti

CAN and KLAN


 

Yeti cites the background of the law successfully used against CAN - the same law that was initially tailored to fight the Klu Klux Klan.

Usenet post from the newsgroup alt.religion.scientology.

Source: CAN and KLAN - reply to Bernie

size13eee@aol.comnospam (Size13EEE)

14 May 1999 00:00:00 GMT

From: size13eee@aol.comnospam (Size13EEE)
Date: 12 May 1999 00:00:00 GMT
Message-ID: <19990511220214.25251.00001260@ng-ch1.aol.com>

>Bernie:
>Was CAN bunked under a law designed to combat the Klan? More info please.

IANAL but I do know how to read legal material. Based on that here's a short answer that points to the proper authorities on the question.

CAN and Rick Ross were successfully sued by Jason Scott under Title 42 Section 1985(3) of the United States Code. Section 1985 is based on, or updates, the Ku Klux Klan Act of 1871. The Ku Klux Klan Act of 1871 was the basic law passed by the US Congress to uphold and enforce the Civil War Amendments that extended equal rights to all US citizens, to put force behind civil war amendments by providing avenue for redress of injuries suffered by class of newly emancipated slaves. McLellan v. Mississippi Power & Light Co., C.A.5 (Miss.) 1977, 545 F.2d 919. In the 1960's these were all updated in response to violence in the southern US that was aimed at suppressing the political participation of Negros.

The court of appeals in Scott said "A plaintiff alleging a conspiracy under section 1985(3) must establish: the existence of a conspiracy to deprive the plaintiff of the equal protection of the laws; an act in furtherance of the conspiracy; and a resulting injury." It drew this test from United Broth. of Carpenters and Joiners of America, Local 610, AFL-CIO v. Scott, U.S.Tex.1983, 103 S.Ct. 3352. That court explained that the predominate purpose of this section is to combat the prevalent animus against Negroes and their supporters, including Republicans, generally, as well as others, such as northerners who came south with sympathetic views towards the Negro, and to combat efforts of Ku Klux Klan and its allies to frustrate intended effects of U.S.C.A. Const.Amends. 13, 14, and 15. United Broth. of Carpenters and Joiners of America, Local 610, AFL-CIO v. Scott, U.S.Tex.1983, 103 S.Ct. 3352.

In short, yes. CAN was killed off by the same law originally intended to combat the Klan, as updated in the 1960's to further combat the Klan. It outlaws conspiracies by private parties that use certain proscribed means to interfere with the basic civil rights of others.

On a purely personal level, take away the rope for the lynching and the deaths and I have a hard time distinguishing CAN type thugs from KLAN type thugs.  They promoted hatred and enabled violence for different reasons and to different extents, but in both cases the aim was to combat ideas and relationships with force and coercion.

Yeti

 

Usenet post from the newsgroup alt.religion.scientology.

Source: CAN & KLAN II

size13eee@aol.comnospam (Size13EEE)

15 May 1999 00:00:00 GMT

Subject: CAN & KLAN II
Message-ID: <19990515004536.21440.00001196@ng-fi1.aol.com>

So that facts, rather than everyone's idiosyncratic estimate of them, can have a turn at center state, here is the actual text of the actual law CAN was found to have violated in the Scott case according to the actual opinion of the court actually printed in the book of federal cases that anyone can actually read if they bother to, actually.

UNITED STATES CODE TITLE 42 1985. Conspiracy to interfere with civil rights

(3) Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Sounds like the law is describing the Klan, don't it now? Well it's paragraph 3 of Title 42, Section 1985. That's the law CAN was found by a jury to have violated and which a federal court of appeals reviewed and upheld the jury verdict on.

Yeti

 



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