Carrying the Bible an Offense?

At 3:41 PM 2/14/96, Sten Drescher wrote:
>"Declan B. McCullagh" <declan+@CMU.EDU> said:
>
>DBM> (I assume your Bible argument is just posturing. No
>DBM> U.S. Attorney, political appointees they, ever will prosecute
>DBM> someone who puts the complete text of the King James Bible
>DBM> online.)
>
>        You assume wrong.  While I certainly agree that no
>U.S. Attorney would voluntarily prosecute such a case, what happens
>when an athiest files charges against someone for carrying the Bible?
>IANAL, but couldn't the U.S. Attorney be forced to prosecute?

I'm also not a lawyer, but no prosecution is possible in this situation.
Not in this country. A case must be presented to a grand jury (remember the
Zimmermann case?) and no grand jury in the United States would do this.

There are two further points which need clearing up:

1. Private citizens (the atheist in this case) do not file criminal
charges. They may swear out a complaint ("I witnessed John Doe carrying a
Bible"), but they do not file criminal charges.

2. The "carrying of a Bible" is not covered by the CDA.

No prosecutor can be "forced" to prosecute, absent approval by a grand
jury. (And if a prosecutor doesn't want to indict a ham sandwich, it won't
be indicted.)

--Tim May

[This Bible excerpt awaiting review under the Communications Decency Act]
And then Lot said, "I have some mighty fine young virgin daughters. Why
don't you boys just come on in and fuck them right here in my house - I'll just
watch!"....Later, up in the mountains, the younger daughter said. "Dad's
getting old. I say we should fuck him." So the two daughters got him drunk and
screwed him all that night. Sure enough, Dad got them pregnant....Onan really
hated the idea of doing his brother's wife and getting her pregnant while
his brother got all the credit, so he pulled out before he
came....Remember, it's not a good idea to have sex with your sister, your
brother, your parents,
your pet dog, or the farm animals, unless God tells you to. [excerpts from
the Old Testament, Modern Vernacular Translation, TCM, 1996]

On Wed, 14 Feb 1996, Timothy C. May wrote:
> 
> 1. Private citizens (the atheist in this case) do not file criminal
> charges. They may swear out a complaint ("I witnessed John Doe carrying a
> Bible"), but they do not file criminal charges.
> 

I don't know about the US, but under British common law it's possible to 
bring private prosecutions; this is incredibly rare, but still possible.


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tcmay@got.net (Timothy C. May) said:

TCM> There are two further points which need clearing up:

TCM> 1. Private citizens (the atheist in this case) do not file
TCM> criminal charges. They may swear out a complaint ("I witnessed
TCM> John Doe carrying a Bible"), but they do not file criminal
TCM> charges.

	OK, how about `press charges`?  And please, don't try telling
me that private citizen's don't `press charges`, because one of the
well reported problems in fighting domestic violence has been the
battered spouse (almost always the wife) refusing to press charges.

TCM> 2. The "carrying of a Bible" is not covered by the CDA.

	You are the only one who has suggested that it is.  I have
suggested that portions of the Bible are 'indecent', and that
electronic transmissions of the same would fall under the CDA ban.

TCM> No prosecutor can be "forced" to prosecute, absent approval by a
TCM> grand jury. (And if a prosecutor doesn't want to indict a ham
TCM> sandwich, it won't be indicted.)

	OK, how about this.  J Random Atheist, Jr, comes across the
Bible on the 'net.  J Random Atheist, Sr, finds out, and is appalled,
and swears out a complaint.  The AUSA refuses to investigate.  Could J
Random Atheist, Sr, file a lawsuit against the AUSA because he is
being denied equal treatment under the law?

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On Thu, 15 Feb 1996, Sten Drescher wrote:
>... 
> 	OK, how about this.  J Random Atheist, Jr, comes across the
> Bible on the 'net.  J Random Atheist, Sr, finds out, and is appalled,
> and swears out a complaint.  The AUSA refuses to investigate.  Could J
> Random Atheist, Sr, file a lawsuit against the AUSA because he is
> being denied equal treatment under the law?
> 
Can he file suit?  Sure.  I can sue you for stealing my pig.
Can he win?   No.  Prosecutorial immunity.

EBD 

> -- 
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> 

Not a lawyer on the Net, although I play one in real life.
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