Comment Re:Repeat 5th grade? (Score 3, Insightful) 909
The language in the jury instructions was from court decisions involving the 1st amendment. Probably quoted from the Pentagon Papers case.
Once the defense asked for the instruction, the judge probably had no choice but to allow it. I don't think it's all that surprising that the a jury member was not familiar with the language. But I'm favorably impressed that the jury took the language seriously when they deliberated.
In fact the 1st amendment was originally interpreted so that the government could outlaw speech that impeded the war. Perhaps you don't remember the Anti Sedition Act or didn't study it in American history.
Once the defense asked for the instruction, the judge probably had no choice but to allow it. I don't think it's all that surprising that the a jury member was not familiar with the language. But I'm favorably impressed that the jury took the language seriously when they deliberated.
In fact the 1st amendment was originally interpreted so that the government could outlaw speech that impeded the war. Perhaps you don't remember the Anti Sedition Act or didn't study it in American history.
