Legal Corner

selling advice
DylannReese 8493 reads
posted

Question.... is it illegal to sell "how to" guide for activities which are illegal?

There was a Supreme Court case about this in the '60's regarding the councelling of men in ways to avoid the draft.

The Court ruled that general and non-specific writing and speech regarding the ins and outs of a criminal activity are not in and of themselves illegal, and consist of protected free speech.

The line is crossed when you actively participate in a crime by telling a person how and what to do in a specific instance.

Obviously the fine line is a gray area and depends on how a jury would interpret the intentions behind your activities.

(still not a lawyer)

that, like mrfisher says, you do not cross the line from speech to facilitating.  For example, you can probably write that there are web sites containing information on how to make a b***b (Patriot Act filter applied by author), but if you list the sites, you are arguably crossing a line.

This would be a very difficult case for any prosecutor to bring, so the more salacious the nature of the subject matter, the easier the case to bring.  You will probably not get popped for writing a hobby how-to, but if you went into tax evasion or b$$b making, you could.

Ray is right to bring up the Partiot Act.  It brings us so dangerously close to Martial Law.  You don't actually need to be convicted or even charged with a crime and can sit in gitmo for half a decade.  very itchy times my friends...  

You also have to remember that buying books like Anarchst Cookbook will get you on FBI/CIA watch lists and such - that's been in place for decades...  the Partiot Act further lets them get info off your phone convos, emails and internet postings.  Some would argue it forces sites to reveal their subscriber info too.

not a lawyer, but I do have a Master's in History, teach classes related to this type of thing and am a card-carying member of the ACLU.

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