[misc.legal] The lawsuit of the year.

gsmith@GARNET.BERKELEY.EDU (Gene W. Smith) (01/20/88)

In article <868@xn.LL.MIT.EDU> olsen@ll-xn.UUCP (Jim Olsen) writes:
>In article <18816@bu-cs.BU.EDU> bzs@bu-cs.BU.EDU (Barry Shein) writes:

>>You can't willfully enforce the law with the nose of a train...  Such
>>vigilantism is simply not allowed as much as it might appeal to your
>>rambo sense of justice.

>Railroads can and do enforce the law with the nose of a train.  They enforce
>their legal "right of way" to travel along the railway.  From time to time,
>they kill or maim people who obstruct this travel.  This is a regrettable
>but inevitable part of railroading.

>Given that, is a railroad obliged to stop or slow down a train when advised
>that protesters are voluntarily blocking the track?

>I submit that there is no such obligation.  If I voluntarily lie down on a
>railroad track, and have a witness call the railroad and tell them where I
>am and demand that trains be stopped there, is the railroad obliged to take
>any notice?  It would be nice if they slowed down, but they are within their
>rights to continue at full speed and expect me to fulfil my duty to clear
>the track.

 It is becoming increasingly clear that most likely the reason
Willson lost his legs is that too many people believe in this
institutional right to mayhem. As long as it is a corporation or
a government, you may maim or slaughter at will, and if someone
tries to stop you, then slaughter them also. This is the Death
Squad psychology operating in the USA. It is fascinating and
illuminating to see how many potential SS officers we have here
on the net. My my!

 I wish you jerks would all move to Paraguay where you belong.

ucbvax!brahms!gsmith      Gene Ward Smith/Brahms Gang/Berkeley CA 94720
Proud member of ECIS -- "An effete corps of impudent snobs" -- I division

johnm@auscso.UUCP (John B. Meaders) (01/21/88)

In article <8801200541.AA19851@garnet.berkeley.edu> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:
>tries to stop you, then slaughter them also. This is the Death
>Squad psychology operating in the USA. It is fascinating and
>illuminating to see how many potential SS officers we have here
>on the net. My my!
>
> I wish you jerks would all move to Paraguay where you belong.

Oh my...  Aren't we feeling chipper today.

I love it how the label fascist gets thrown around on the net.  If somebody
says something you don't agree with then he/she is a fascist.  Only a stupid
idiot lays down in front of a train.  I think it is hilarious that the
engineers are suing the dweeb that thought he could stop a train.

Gene, why don't you move to Moscow where YOU belong.  ;-)
-- 
John B. Meaders, Jr.  1114 Camino La Costa #3083, Austin, TX  78752
ATT:  Voice:  +1 (512) 451-5038  Data:  +1 (512) 371-0550
UUCP:   ...!ut-emx!auscso!jclyde!john
        ...!ut-emx!auscso!johnm

richard@gryphon.CTS.COM (Richard Sexton) (01/21/88)

Dribble rating: 7 (thats pretty bad)

In article <2197@auscso.UUCP> johnm@auscso.UUCP (John B. Meaders, Jr.) writes:
>In article <8801200541.AA19851@garnet.berkeley.edu> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:
>>
>> I wish you jerks would all move to Paraguay where you belong.
>
>Oh my...  Aren't we feeling chipper today.
>
>Gene, why don't you move to Moscow where YOU belong.  ;-)
>-- 
>John B. Meaders, Jr.  1114 Camino La Costa #3083, Austin, TX  78752
^^^^^^^^^^^^^^^^^^^^^

This person has been marked for deletion.



-- 
         "...and the morning sun has yet to ride my hood ornament"
                          richard@gryphon.CTS.COM 
   {ihnp4!scgvaxd!cadovax, philabs!cadovax, codas!ddsw1} gryphon!richard

gsmith@BOSCO.BERKELEY.EDU (01/21/88)

In article <2197@auscso.UUCP> johnm@auscso.UUCP (John B. Meaders, Jr.) writes:
>In article <8801200541.AA19851@garnet.berkeley.edu> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:

>I love it how the label fascist gets thrown around on the net.  If somebody
>says something you don't agree with then he/she is a fascist.

  If the jackboots fit, then wear them. A lot of people seem
delighted that Willson lost his legs, and are quite ready to
defend the engineers even if they were "playing chicken", which
is probable.  I think this is exactly the kind of mentality which
makes a good Nazi.

>Only a stupid
>idiot lays down in front of a train.

 Why not find out what happened before calling someone else an
idiot. It doesn't make *you* look very bright.

  I think it is hilarious that the
>engineers are suing the dweeb that thought he could stop a train.

  I think it is pitiful you are so bloodthirsty and uninformed.
And I think ignorance and bloody-mindedness is a bad combination,
a dangerous combination, and it is, I submit, the combination
which produces "facists" and many of the other depressing things
we like to throw at each other as labels. Instead of carping
about my nastiness, you should take a long, hard look in the
mirror and think about your value system. Do you feel, secretly
or not so secretly, "Good! I'm glad he lost his legs!". Do you
dismiss the claims of Contra atrocities out of hand as not being
relevant to a world of Realpolitik and Soviet containment? Then
you are on your way to being a "facist" whether you like the
label or not.

ucbvax!brahms!gsmith    Gene Ward Smith/Brahms Gang/Berkeley CA 94720
    "*That* the world is, is the mystical." -- Ludwig Wittgenstein

faustus@ic.Berkeley.EDU (Wayne A. Christopher) (01/21/88)

Maybe we can get some facts here for a change.  I don't know the details
of this case, and it seems to me that a few of them are important to
the discussion...  Maybe somebody can provide them.

Did the officials in charge know that there were people lying on the
tracks?

Did the engineers see the people on the tracks, and if so, could they
have stopped in time?  Did they know whether or not the people could
get off in time?

Did the protesters see the train in time to get off the tracks, and
realize that it couldn't or wouldn't stop?

If the answer to the last question is yes, then clearly Willson
deliberately got hit in order to become a martyr and make a point.
Whether or not this is "noble" or "stupid" is a judgement call...

Otherwise, either the officials are at fault, or it was just bad luck.
No point in castigating Willson either way.

I think the engineers' suit is probably concocted by the government
to screw the protesters -- sure it made them feel bad, but it's silly
to even compare their hurt to Willson's (whether he deserves it or not).

	Wayne

legare@ut-emx.UUCP (BoB teCh) (01/22/88)

richard@gryphon.CTS.COM (Richard Sexton) writes:


> >John B. Meaders, Jr.  
> ^^^^^^^^^^^^^^^^^^^^^
> 
> This person has been marked for deletion.
> 

been meaning to ask you about that, richard..

you know what happens if you push bits too far, don'cha? 
THEY PUSH BACK.

had a friend of mine what used to alter the structure of reality at will,
do all sorts of weird things to it, just for kicks. rigged hisself a whole
bunch of safeguards to keep it all from blowing up in his face.

last month he underwent a complete existance failure. total sheer system error.



just a warning

BoB
^^^
teCh
^^^^

this person has been marked for deletion

lazarus@athena.mit.edu (Michael Friedman) (01/22/88)

In article <8801210557.AA01465@oreo> oreo!gsmith (Gene Ward Smith) writes:

>  I think it is pitiful you are so bloodthirsty and uninformed.
>And I think ignorance and bloody-mindedness is a bad combination,
>a dangerous combination, and it is, I submit, the combination
>which produces "facists" and many of the other depressing things
>we like to throw at each other as labels.

When I decided to respond to this posting I first tried to define
'Fascist'. The sad thing was that I couldn't. The best thing that I
could come up with was 'Something left-wingers call right-wingers when
they get mad'. Perhaps that is because the word 'Fascist' has actually
come to mean that in our society.

Before reading further I would appreciate it if you, the reader, would
attempt to define the word 'Fascism'.

Good. Now continue.

I checked the dictionary.

Fascism - A centralized, autocratic, national regime with severely
nationalistic policies, excercising regimentation of industry,
commerce, and finance, and forcible suppression of opposition.

I bet that most of you were wrong.

How about we all agree to only use the word 'Fascist' when we mean
'Someone who supports Fascism'. That way the word will retain some of
its original meaning.


These are the official opinions			Mike Friedman
of my organization. So, TOUGH!!

gazit@ganelon.usc.edu (Salit) (01/22/88)

In article <2445@bloom-beacon.MIT.EDU> lazarus@athena.mit.edu (Michael Friedman) writes:
>I checked the dictionary.
>
>Fascism - A centralized, autocratic, national regime with severely
>nationalistic policies, excercising regimentation of industry,
>commerce, and finance, and forcible suppression of opposition.

By your definition the USSR is a fascist country.  

I suggest you to read some history of Italy in the thirties.  It will help
you to understand the subject.

BTW Is not it time for you to buy a better dictionary?  One with the
right spelling of exercising? :-)

>These are the official opinions			Mike Friedman
>of my organization. So, TOUGH!!

Hillel Gazit        gazit%ganelon.usc.edu@oberon.usc.edu
	

gsmith@BOSCO.BERKELEY.EDU (01/22/88)

In article <8801210557.AA01465@oreo> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:
>>In article <8801200541.AA19851@garnet.berkeley.edu> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:

>  If the jackboots fit, then wear them. A lot of people seem
>delighted that Willson lost his legs, and are quite ready to
>defend the engineers even if they were "playing chicken", which
>is probable.  I think this is exactly the kind of mentality which
>makes a good Nazi.
>
>>Only a stupid
>>idiot lays down in front of a train.
>
> Why not find out what happened before calling someone else an
>idiot. It doesn't make *you* look very bright.
>
>  I think it is hilarious that the
>>engineers are suing the dweeb that thought he could stop a train.
>
>  I think it is pitiful you are so bloodthirsty and uninformed.
>And I think ignorance and bloody-mindedness is a bad combination,
>a dangerous combination, and it is, I submit, the combination
>which produces "facists" and many of the other depressing things
>we like to throw at each other as labels. Instead of carping
>about my nastiness, you should take a long, hard look in the
>mirror and think about your value system. Do you feel, secretly
>or not so secretly, "Good! I'm glad he lost his legs!". Do you
>dismiss the claims of Contra atrocities out of hand as not being
>relevant to a world of Realpolitik and Soviet containment? Then
>you are on your way to being a "facist" whether you like the
>label or not.

Anyone who knows me, or who has been reading my articles for several
years, knows that these positions are not mine, this style is not mine,
and these articles are not mine.  Far be it from me to deride someone
who mocks the idiocy of someone laying in front of a moving train by
calling him bloodthirsty or stupid or "facist" or a Nazi. And fur

gsmith@BOSCO.BERKELEY.EDU (01/22/88)

In article <2445@bloom-beacon.MIT.EDU> lazarus@athena.mit.edu (Michael Friedman) writes:
>In article <8801210557.AA01465@oreo> oreo!gsmith (Gene Ward Smith) writes:

>>And I think ignorance and bloody-mindedness is a bad combination,
>>a dangerous combination, and it is, I submit, the combination
>>which produces "facists" and many of the other depressing things
>>we like to throw at each other as labels.

>When I decided to respond to this posting I first tried to define
>'Fascist'. The sad thing was that I couldn't.

 Why is it that this doesn't surprise me?

>I checked the dictionary.

>Fascism - A centralized, autocratic, national regime with severely
>nationalistic policies, excercising regimentation of industry,
>commerce, and finance, and forcible suppression of opposition.

>I bet that most of you were wrong.

  I bet that you forgot the word "fascist" was not introduced by
me.  The word I used was "Paraguay". Somehow this got the point
got across.

 While no doubt few netters are going to support the whole
fascist program, a certain fondness for severe nationalism and
forcible supression of opposition seems to be not uncommon.
Certainly running someone over with a train is more forceful (but
we hope, less deliberate) than feeding them castor oil like
Mussolini did at first. And some seem to be applauding. Do I
sound paranoid? The history of this country and of this
controversy alike tend to produce a little paranoia at times.

ucbvax!garnet!gsmith   Gene Ward Smith/Brahmsgangster/Berkeley CA 94720
          "There are no differences but differences of degree
            between degrees of difference and no difference"

lazarus@athena.mit.edu (Michael Friedman) (01/23/88)

In article <6385@oberon.USC.EDU> gazit@ganelon.usc.edu (Hillel) writes:
>In article <2445@bloom-beacon.MIT.EDU> lazarus@athena.mit.edu (Michael Friedman) writes:
>>I checked the dictionary.

>>Fascism - A centralized, autocratic, national regime with severely
>>nationalistic policies, excercising regimentation of industry,
>>commerce, and finance, and forcible suppression of opposition.

>By your definition the USSR is a fascist country.  

Yup. Interesting, eh? Remember, Nazism stands for "National
SOCIALISM". I wonder what the Soviet apologists on the net think of
that?

>I suggest you to read some history of Italy in the thirties.  It will help
>you to understand the subject.

Why don't you tell me what is wrong with the DICTIONARY's definition?
I really want to know.



These are the official opinions			Mike Friedman
of my organization. So, TOUGH!!

bzs@bu-cs.BU.EDU (Barry Shein) (01/23/88)

Michael Friedman writes...
>Yup. Interesting, eh? Remember, Nazism stands for "National
>SOCIALISM". I wonder what the Soviet apologists on the net think of
>that?

Altho not a Soviet apologist (can you name any on the net Michael? or
is this just your chance to dabble in some McCarthyism?) I think you
are playing puerile word games. Gee, and the "N" in NRA stands for
"National", just like in National Socialism! And lord only knows who
really is behind "The Nation", or where SOCIAL diseases come from...

Hitler had no interest in Socialism in any accepted sense of the word,
the concurrence of those letters is meaningless as an extrapolation
(altho why he chose it is certainly interesting, and then proceeded to
blame a lot of Germany's ills on the Socialists, and exterminate
them.)

>Why don't you tell me what is wrong with the DICTIONARY's definition?
>I really want to know.

It's shallow and leaves too much to interpretation to begin to shed
any light on a rather complicated subject in one sentence, but I guess
if the shoe fits...

Socialism implies an economic system which I don't believe is a major
point of comparison between the two nations. There are certainly
similarities between the totalitarianism of Nazi Germany and the
totalitarianism that exists in the Soviet Union, certainly not least
among them the question of why populations tolerate and even encourage
such situations. However, there are also salient differences which are
critical to explore (for example, the longevity of only one of the
systems.) I fear, however, that the appeal to emotion which is so
attractive to some in claiming equivalence of Nazi Germany and the
USSR will generally overcome any good sense. "Nazi" has become such a
good "poo-poo doo-doo" word (meaning, content free aspersion,
cathartic obscenity etc.)

	-Barry Shein, Boston University

jbrown@jplpub1.jpl.nasa.gov (Jordan Brown) (01/23/88)

In article <8801200541.AA19851@garnet.berkeley.edu> oreo!gsmith@violet.berkeley.edu (Gene Ward Smith) writes:
>In article <868@xn.LL.MIT.EDU> olsen@ll-xn.UUCP (Jim Olsen) writes:
>>I submit that there is no such obligation.  If I voluntarily lie down on a
>>railroad track, and have a witness call the railroad and tell them where I
>>am and demand that trains be stopped there, is the railroad obliged to take
>>any notice?  It would be nice if they slowed down, but they are within their
>>rights to continue at full speed and expect me to fulfil my duty to clear
>>the track.
>
> It is becoming increasingly clear that most likely the reason
>Willson lost his legs is that too many people believe in this
>institutional right to mayhem.

I don't like rush hour traffic or smog.  I think cars should be abolished.
I'm going to go run in and out of freeway traffic in order to get people
to stop driving.

I don't like the way that airliners are taking over my skies.  I'm going
to go run out onto the runway at LAX to stop them.

These attitudes, while less "trendy" than anti-militarianism, are still
valid.  (It wouldn't be hard to make a good case that pollution is a worse
danger than nuclear war...) The methods proposed to deal with the
situation are not, however, bright.

Sounds to me like the Navy (or whoever) was pretty reasonable.  They
effectively said "We're going on with our business.  Get out of the way."
I don't know the geography of the situation, but 16mph sounds like a
very slow train, allowing plenty of time for people to get out of the
way.  You certainly can't claim that the train jumped out from behind
a tree and hit him.  Regardless of the right or wrong of your movement,
if you think that a train 40 feet away moving at 16 mph is going to
stop before it gets to you, you're stupid.  If you know it can't and
you don't get out of the way, you're suicidal.

Playing chicken is stupid.  Playing chicken when you are sure to lose
is suicidal.

Stupidity used to be a capital offense.  Unfortunately it isn't any
more, and so the average stupidity level in the country is rising.

ethan@ut-emx.UUCP (Ethan Tecumseh Vishniac) (01/26/88)

In article <6385@oberon.USC.EDU>, gazit@ganelon.usc.edu (Salit) writes:
> In article <2445@bloom-beacon.MIT.EDU> lazarus@athena.mit.edu (Michael Friedman) writes:
> >
> >Fascism - A centralized, autocratic, national regime with severely
> >nationalistic policies, excercising regimentation of industry,
> >commerce, and finance, and forcible suppression of opposition.
> 
> By your definition the USSR is a fascist country.  

Unfortunately, it would be difficult to distinguish the difference
between a fascist state and the USSR in operational terms.

If I am allowed to appeal to their official ideology then it becomes
trivial to make that distinction.  "Totalitarian" used to be a good
general term before the Reaganites tried to exempt rightwing governments
from that label.

Personally, when I say fascist I mean what everyone else means ...
someone who disagrees with me in public.
-- 
 I'm not afraid of dying     Ethan Vishniac, Dept of Astronomy
 I just don't want to be     {charm,ut-sally,ut-ngp,noao}!utastro!ethan
 there when it happens.      (arpanet) ethan@astro.AS.UTEXAS.EDU
    - Woody Allen            (bitnet) ethan%astro.as.utexas.edu@CUNYVM.CUNY.EDU