The argument is being made that the Reverend Terry Jones’s plan to burn Muslim holy books (because apparently the Reverend thinks that the spirit of Christianity is best served by adopting tactics favored by the Third Reich) presents a danger to our troops in Iraq and Afghanistan since it will infuriate Muslims, driving even moderate individuals straight into the willing embrace of the extremist factions and send them coming after our guys.
I wonder if the government can actually intervene, using the “clear and present danger” language put forward by O.W. Holmes in Schenck vs. the United States . It was, to my mind, an absurd decision at the time since in my opinion, the facts of Schenck present no danger at all, clear and present or otherwise. Nevertheless, it sure seems to me that that is now the argument being put forward by army brass, and it would be an interesting test if a court order came down forbidding it.
PAD
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