Left Now Engaged in Criminal Activity to Silence Rush

[Liability]

from the article.....

The automated calls are illegal because they do not state who they are from (there is no known group called The Women of the 99 Percent) or provide a callback number, as required under the US Telephone Consumer Protection Act of 1991.

I looked at a version of that law: http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

It does NOT appear to make the conduct illegal.

It does appear to make it unlawful.

The distinction is one of criminal law versus civil law.

Violators can be sued. It does not appear to me (at least on first reading it) that the law contemplates criminal prosecution.

Yet for exercising his free speech, Rush is now (if dip shits Gloria Allred were to get her way) supposed to get arrested. Gloria Allred seeks Rush Limbaugh prosecution - MJ Lee - POLITICO.com
Yep. She's fucked up.

The left is pretty whacked out. (No. Not all on the left. But the reaction to this Rush incident is way out of whack and the reaction does come from some -- maybe even many -- on the left.)

 

[Sweet Willy]

From the article:

"The automated calls are illegal because they do not state who they are from (there is no known group called The Women of the 99 Percent) or provide a callback number, as required under the US Telephone Consumer Protection Act of 1991."
​

Right. And it appears to be a violation, but a violation is not necessarily criminal. The remedies state that only in the case of "knowingly and willingly" violating the law, is a criminal fine imposed. And even then, it's just a fine. It's a technical provision at best. Claiming that "the left" is "criminal" is just an unnecessary over dramatization. There is something here but all this back and forth and trying to criminalize each other wholesale just doesn't help us figure out how to solve our issues.

Seems to me it is knowingly...and not criminal eh? Can they be subject to civil penalties for the violation?

I'd say they are absolutely up for a civil penalty.

 

[The T]

Right. And it appears to be a violation, but a violation is not necessarily criminal. The remedies state that only in the case of "knowingly and willingly" violating the law, is a criminal fine imposed. And even then, it's just a fine. It's a technical provision at best. Claiming that "the left" is "criminal" is just an unnecessary over dramatization. There is something here but all this back and forth and trying to criminalize each other wholesale just doesn't help us figure out how to solve our issues.

Seems to me it is knowingly...and not criminal eh? Can they be subject to civil penalties for the violation?

I'd say they are absolutely up for a civil penalty.

Class action?

 

[saveliberty]

from the article.....

The automated calls are illegal because they do not state who they are from (there is no known group called The Women of the 99 Percent) or provide a callback number, as required under the US Telephone Consumer Protection Act of 1991.

And that's a very thin statement to base a judgement of illegal on, much less criminal. The group did identify itself, the author just claims there is no known group by that name. Well.... known to whom?

If the group can be identified by this name, there is nothing even illegal, much less criminal.

The rule requires a return telephone number too. Shall I start to explain away Limbaugh's slut comment? Certainly you can't object to that.

 

[uscitizen]

Sounds kinda like some political robo calls of the past years.
I get political robo calls with no callback number.
Seems like I got some for Rand Paul with a group name id but no callback number unless you mean the number they gave to donate money to his campaign?

 

[LeftofLeft]

So crazed is the left to silence those who oppose their agenda and dare mock their sacred cows, they have resorted to committing telecommunication crimes to get the word out and silence a private citizen.

Illegal robocalls accuse Republicans over Rush Limbaugh and 'slut' slur - Mail Online - Toby Harnden's blog

The outrage should be towards this tactic, and prosection on those who have undertaken it.

Criminal activity is not protected free speech.

Women of the 99% Robocall Attacks Rush Limbaugh March 8, 2012 - YouTube

While it is not on the level of Mahr calling Palin a C_U_Next_Tuesday, this call will only make the base happy. Swing voters are more concerned about the price of gas jobless rate.

 

[saveliberty]

My answering machine is 100% so far this year. Money well spent.

 

[Big Fitz]

So crazed is the left to silence those who oppose their agenda and dare mock their sacred cows, they have resorted to committing telecommunication crimes to get the word out and silence a private citizen.

Illegal robocalls accuse Republicans over Rush Limbaugh and 'slut' slur - Mail Online - Toby Harnden's blog

The outrage should be towards this tactic, and prosection on those who have undertaken it.

Criminal activity is not protected free speech.

Women of the 99% Robocall Attacks Rush Limbaugh March 8, 2012 - YouTube

Rep Cup runneth over...

MORE will not listen, watch, and read Rush because this; sad tactic.

No, they won't. But it does poison any validity to those who persecute him. It is a very pathetic tactic from the left, I agree.

 

[Big Fitz]

I don't think this is "criminal". It may violate civil code of some sort but there is no criminal offense here.

No.

Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 of this title for such a violation. This subparagraph does not supersede the provisions of section 501 of this title relating to imprisonment or the imposition of a penalty of both fine and imprisonment.​

47 USC § 227 - Restrictions on use of telephone equipment | LII / Legal Information Institute

So the remedies are civil unless the person "willfully and knowingly" does this. Only then does it rise to a "criminal" fine.

I don't think we have any evidence that shows any will or specific knowledge to intentionally break the law: This is nowhere near the criminal level at this point. We have no reason, at this point, to call this criminal. Again, it's just hyperbole used for effect. We all know this. There have been no charges, much less any official word that this is believed to reach a "criminal" level.

Oh I think this would fall under the 'willfully or knowingly' catagory.

 

[Defiant1]

Rush has silenced himself for those who are smart enough not to listen to his hatred for the working class. I have gone over the whole scenario. My daughter is on the pill. Therefore she is a slut in his eyes. I give his opinions about as much thought as I give Bill Maher or whatever his name is. Both are the same. Neither is worth the effort to turn the station to listen to them.

being on the pill does not make you a slut. Lots of women use it to control menstrual pain. The pill isn't really that effective either. The Palin daughter who got pregnant did so while on the pill.

The issue is no her use of contraceptives, despite being a student at a catholic college. The issue is she wants the taxpayer to pay for them.

We can't afford to pay for our roads and bridges and the schools are having budget cuts etc etc.

The government is paying way too much and too many priorities are skewed, but paying for a rich kid's contraceptives is not where the money should be going.

No, but having sex without being married does.

 

[Big Fitz]

Rush has silenced himself for those who are smart enough not to listen to his hatred for the working class. I have gone over the whole scenario. My daughter is on the pill. Therefore she is a slut in his eyes. I give his opinions about as much thought as I give Bill Maher or whatever his name is. Both are the same. Neither is worth the effort to turn the station to listen to them.

I'm not sure if that's a deliberate mis-characterization or you just weren't listening beyond what your political masters told you to do.

It is not the act of USING birth control that makes one 'a slut'. The shear amount that Ms. Flucke claims is NORMAL brings into question her reasons for using so much since you can get a year supply for far less than 1000 bucks, and condoms even less so.

Secondly, is your daughter demanding that someone who would find her act of using birth control morally reprehensible, is responsible to pay for it? That's what Ms. Flucke is demanding as well as her defenders, apologists and useful idiots are.

On a similar note, I feel the same way about Bill Maher, Jon Stewart and Stephen Colbert. None of them are worth listening to either, and I seem to only hear about them by accident when they say something extra noxious the left loves so dearly as protected free speech.

 

[whitehall]

If the left would be honest for once and admit their intent is to silence the opposition it would clear the air but the lef can't seem to come clean about anything.

 

[Big Fitz]

Right.

From Section 5:

(B) Criminal fine Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 of this title for such a violation. This subparagraph does not supersede the provisions of section 501 of this title relating to imprisonment or the imposition of a penalty of both fine and imprisonment.

Ergo, criminal activity.

I swear to the good Lord you're gonna make me stroke out laughing. When I go "it's the big one blame Fitz" I hope you have a tinge of remorse.

Just doing my part to making your friends and family think you've gone insane, cackling madly at the interwebs again.

 

[Sweet Willy]

from the article.....

And that's a very thin statement to base a judgement of illegal on, much less criminal. The group did identify itself, the author just claims there is no known group by that name. Well.... known to whom?

If the group can be identified by this name, there is nothing even illegal, much less criminal.

The rule requires a return telephone number too. Shall I start to explain away Limbaugh's slut comment? Certainly you can't object to that.

No, I don't object to anyone explaining away Rush's comments. I fail to see all the hype over that anyway. It's free speech, it's protected and whatever fall out he endures or money, compliments and publicity he gets is all Ok with me. He didn't commit any crime that I know of. (Not in regard to this incident anyway) In any case, it's irrelevant to the legality of these robo calls.

 

[Big Fitz]

I don't know what they knew or thought they knew. I know that the law you guys cited says in specific that the only thing that elevates this to a "criminal" fine is the qualification that they "knowingly and willfully" did this. So... I would say that the law directly contradicts your claim that ignorance is no excuse. It specifically says that they had to know they were breaking the law in order for this to be criminal.

Therefore, if they were ignorant of the law, they are still guilty of breaking it, yes, but not to rise to the level of a criminal offense.

This still is not anywhere near criminal activity. Yet.

I said ignorance OF THE LAW is never an excuse.

The standard is knowingly and willfully did the ACT. It has nothing to do with knowing about the law.

Right. I understand. So, if they were completely ignorant of the law, all together, then they could not have possibly "knowingly and willfully" violated that law: Not an offense of the criminal fine variety.

It's not knowledge of the law, it's the deliberate and willful act.

"I'm sorry officer, I didn't realize that Murder was illegal in this state" is not going to get you off death row.

 

[Big Fitz]

Left Now Engaged in Criminal Activity to Silence Rush

lol. You keep believing that. He's the best free advertising for the Democrats in the upcoming election that one could ask for.

yeah, great advertising.

The Democrat brand Tapioca... now with 25% less rat feces.

Yep. gonna run right out to the store and buy that shit.

 

[Big Fitz]

from the article.....

The automated calls are illegal because they do not state who they are from (there is no known group called The Women of the 99 Percent) or provide a callback number, as required under the US Telephone Consumer Protection Act of 1991.

I looked at a version of that law: http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

It does NOT appear to make the conduct illegal.

It does appear to make it unlawful.

The distinction is one of criminal law versus civil law.

Violators can be sued. It does not appear to me (at least on first reading it) that the law contemplates criminal prosecution.

Yet for exercising his free speech, Rush is now (if dip shits Gloria Allred were to get her way) supposed to get arrested. Gloria Allred seeks Rush Limbaugh prosecution - MJ Lee - POLITICO.com
Yep. She's fucked up.

The left is pretty whacked out. (No. Not all on the left. But the reaction to this Rush incident is way out of whack and the reaction does come from some -- maybe even many -- on the left.)

Yep. She wants him CRIMINALLY prosecuted.

Oh I hope she does try this and ends up getting hit with a countersuit so had George Soros's teeth hurt by proximity.

 

[Big Fitz]

Right. And it appears to be a violation, but a violation is not necessarily criminal. The remedies state that only in the case of "knowingly and willingly" violating the law, is a criminal fine imposed. And even then, it's just a fine. It's a technical provision at best. Claiming that "the left" is "criminal" is just an unnecessary over dramatization. There is something here but all this back and forth and trying to criminalize each other wholesale just doesn't help us figure out how to solve our issues.

Seems to me it is knowingly...and not criminal eh? Can they be subject to civil penalties for the violation?

I'd say they are absolutely up for a civil penalty.

Potentially open for Defamation of Character or Slander too of not only Rush but "silent" elected officials as well.

 

[Sweet Willy]

I said ignorance OF THE LAW is never an excuse.

The standard is knowingly and willfully did the ACT. It has nothing to do with knowing about the law.

Right. I understand. So, if they were completely ignorant of the law, all together, then they could not have possibly "knowingly and willfully" violated that law: Not an offense of the criminal fine variety.

It's not knowledge of the law, it's the deliberate and willful act.

"I'm sorry officer, I didn't realize that Murder was illegal in this state" is not going to get you off death row.

Knowingly and willingly, as used here means that you knew the law and violated it anyway. It doesn't mean that you accidentally robo called people. I mean, you are trying to tell me that we have a law that covers people who accidentally robo call people? Just not so. You're reading the law in a completely wrong way. The law doesn't say "knowingly and willingly" because we thought someone might unknowingly and unwillingly set up a robo call campaign. That's just absurd. Just like you asked earlier, what, do we have a problem with people in a trance setting up robo calls? Of course not.

 

[The T]

from the article.....

I looked at a version of that law: http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

It does NOT appear to make the conduct illegal.

It does appear to make it unlawful.

The distinction is one of criminal law versus civil law.

Violators can be sued. It does not appear to me (at least on first reading it) that the law contemplates criminal prosecution.

Yet for exercising his free speech, Rush is now (if dip shits Gloria Allred were to get her way) supposed to get arrested. Gloria Allred seeks Rush Limbaugh prosecution - MJ Lee - POLITICO.com
Yep. She's fucked up.

The left is pretty whacked out. (No. Not all on the left. But the reaction to this Rush incident is way out of whack and the reaction does come from some -- maybe even many -- on the left.)

Yep. She wants him CRIMINALLY prosecuted.

Oh I hope she does try this and ends up getting hit with a countersuit so had George Soros's teeth hurt by proximity.

Would serve that Nazi bastard right.