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- Apr 29, 2012
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This case will be drawing more attention when it gets to the courtroom. The question seemingly is: Does freedom of speech for an American provide defence against speech in other countries that violates "hate speech" laws and various international treaties in regards to human rights?
Anti-gay activist Scott Lively's crimes-against-humanity case to proceed after federal court denies his petition to dismiss lawsuit
BOSTON — The crimes-against-humanity lawsuit filed against anti-LGBTQ activist Scott Lively will proceed after a federal appeals court denied his petition to dismiss the complaint, which alleges the Springfield resident violated U.S. law by trying to influence the laws of a foreign country.
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Below is the decision of the three-judge panel:
This petition for a writ of mandamus raises a number of potentially difficult issues with respect to the Alien Tort Statute, 28 U.S.C. § 1350, and the First Amendment in cross-border application. Although it is debatable whether the district court has properly parsed the petitioner's protected speech from any unprotected speech or conduct, his right to extraordinary relief is not clear and indisputable. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81 (2004). Further development of the facts will aid in the ultimate disposition of this case. The petition is denied.