With your permission, I’d like to rant about something that has been on my mind, as well as in the news.
To start, for those who haven’t heard this story yet, there’s been major news coverage of a man, Jack McClellan, who publicly, on the internet as well as in tv and newspaper interviews, admits to not just being a pedophile, but also admits to frequenting public places where young girls (and boys) gather. At one point, before his internet provider shut down his account, he maintained a blog where he posted photos of underage girls, along with his assessment of their beauty, etc.
Obviously, this freaked out the local population where he resided, in the Seattle area. Eventually, because of the harassment he received, he moved. Unfortunately, he moved to within a short drive from my front door, where I have an 11 year-old daughter.
This got me thinking.
When I continued to read and re-read the news accounts of this story, there was one repeated fact that kept gnawing at me: All of the involved law enforcement officials said the same thing - He isn’t breaking the law. It’s freedom of speech. As long as he doesn’t commit an illegal act, he can talk about it all he wants.
Well, wait a minute. If it’s illegal for me to yell “Fire!” in a crowded movie house, if it’s illegal for me to joke about a bomb or a hijacking at an airport or on a plane, why isn’t it illegal to similarly freak out the local population by publicly announcing the desire to commit harm to children?
I argue that the Los Angeles County Prosecutor’s office should arrest Jack McClellan. For those who might argue the right to freedom of speech, I believe that Jack McClellan, by frightening the general community, is committing a clear and present danger to that (meaning my) community, and is therefore not protected by the 1st Amendment’s guarantee of free speech. To be specific, I’m referring to 1969’s Brandenburg v. Ohio, a freedom of speech case that introduced the concept of imminent lawless action. This means that speech which is likely to cause a violation of the law (like, say, a mass beating of a potential child predator), and that said violation would occur faster than an officer of the law may be reasonably summoned, then the speech is not protected under the First Amendment.
I’m not a lawyer, but I am a parent, and if there’s a way, within the law, to protect my child at the expense of the freedom of a potential threat to my child, I say draw a line in the sand and let not a soul pass.
[tags]kids, children, parents, parenting, safety, pedophile, pedophilia, threat, danger, Brandenburg v. Ohio, imminent lawless action, First Amendment, freedom of speech[/tags]
Photo graciously provided by young_einstein, through a Creative Commons license, some rights reserved
10 responses so far ↓
Slouching Mom // Aug 1, 2007 at 9:58 am
And I say…spot on.
thordora // Aug 1, 2007 at 10:37 am
I am SO not rational about this guy. There is a line in the sand where it is not “ok” to hide behind freedom of speech. Everything is NOT equal. make a law-find a law, something.
My personal favorite is when the cops turned the tables and took HIS picture and posted it around, dude started saying he was going to sue for harrassment.
I would so LOVE to catch this guy in a dark alley with a BIG stick. That’s not very PC of me, but I feel that way nonetheless.
Nan // Aug 1, 2007 at 11:57 am
Maybe I could bring a big stick and we could lie in wait somewhere for him? Like in his backyard?
Stu Mark // Aug 1, 2007 at 1:14 pm
See, all this stick and beating talk lends me credence in my call for Jack McClellan (of Santa Monica, California) to be arrested.
Oh, and if you’re interested, here’s a link to a photo of him, so if you’re in the Santa Monica area and you see him, you can call the police.
Melissa // Aug 1, 2007 at 2:01 pm
Oh man, Stu. This strikes my very soul with chilling fear. Yes, I agree with your legal thought process about the speech leading to harm.
Wow, some days I don’t want to let my kids out the front door. What happened to the world I grew up in where Mom opened the door, and we didn’t come home until it was time to eat?
Lori // Aug 2, 2007 at 3:40 am
here are 2 articles showing there is a grassroots effort happening - let’s get involved to stop this insanity!
http://www.contracostatimes.com/bayandstate/ci_6524757
http://www.nytimes.com/2007/07/28/us/28pedophile.html?pagewanted=1&_r=1
Jennifer // Aug 16, 2007 at 1:12 pm
Criminally, it may be difficult to stop his actions, although it appears that law enforcement is now doing what it can after his last arrest.
On the civil side, I believe that California has a “right to publicity” cause of action. Thus, any parent who knows that their child has been photographed and it was published wihout their consent, could seek to sue him on that basis.
Bryan // Aug 17, 2007 at 1:01 pm
The Koran preaches violence. Convert by the sword it says. We should lock up all people who profess a believe in the Koran. Sodomy is still illegal in the millitary. All admitted gays should be thrown in jail. Statistics can prove that gangs members, especially black, commit crimes. All black gang members should be locked up forever. As a matter of fact everyone who doesn’t have the same values or beliefs as me should be removed from society. The possibility that someone could commit a crime is too much a risk to me or my family. Light them up and lock them down!!!!!
Bryan // Aug 17, 2007 at 1:14 pm
I am the father of four children for which I care about deeply. I take great strides to protect them, but I also want them to grow up to live in a free society. In my opinion, this case threatens my children’s future, which is why I disagree with the majority of you.
Believer in US Constitution // Aug 25, 2007 at 1:01 pm
For the record, I believe McClellan is a strange bird and needs a lot of help. I do not like any one person and/or organization that promotes pedophilia. However, McClellan has never been accused or charged with molestation. He allegedly only admits that he is only “attracted†to little girls, and does not physically act out on those thoughts. Again I believe those thoughts are bad in themselves; Nevertheless, knowing this now about McClellan; parents should be watchful and protect their children from McClellan and others alike.
Anxiously, I have been wondering one thing regarding this whole media circus. What about his 1st amendment rights? A good part of me would like to see this man restrained, shut up and locked up. However, over the last decade I have come to know and love our U.S. Constitution more than I have before. I have realized that the U.S. Constitution is more important than my personal beliefs or politics. Also over the years, I have learned to be more objective and fair regarding issues like this.
While I do not support McClellan’s “thoughts†(or website), I do love, respect, and admire our Constitution. It seems that for too many, the US Constitution has become a Sunday morning smorgasbord. They will only take a little of this, and a little of that while rejecting what they do not like.
It is obvious that too many conservatives will only defend or espouse particular amendments that fit their fancy. Usually for them, it is the 2nd amendment (the right to bear arms.) And they may reject other amendments that the liberals predominately espouse.
On the other hand, many liberals will only defend or espouse particular amendments that fit their fancy. Usually for them, it is the 1st amendment (the right to free speech.), the 4th amendment (Search and Seizure.), and the 5th amendment (the right to a fair trail & other criminal procedural issues.) And they may reject other amendments that the conservatives predominately espouse.
(I do not belong to a political party. I am a registered voter, registered as ‘I decline to state.’)
Now to my point. While I do disagree with the contents of McClellan’s speech, we must respect and defend his 1st Amendment rights. In addition, we must respect ALL amendments of our U.S. Constitution.
Years ago in another State, I attended a class on ‘Morality vs Ethics.’ The speaker shared while we private investigators may morally disagree with the allegations of a client. We must ‘ethically’ defend them. I have had many innocent clients falsely accused of crimes. But I have also had many clients confess to me, that they did commit the horrific crime their accused of. While my ‘morality’ may disagree with the client, and the crime they have committed; ‘Ethically’ I have a job to do. That is to defend their U.S Constitutional rights.
Remember; if you are successful in silencing the speech of another, don’t complain when yours is silenced.
Leave a Comment