September 21, 2009
"Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions." -- James Madison, essay in the National Gazette, March 27, 1792
Over the years, I have written about many court battles. Bill Benson's has been going on for many years and now is headed to the U.S. Supreme Court. For those not familiar with his case, it is about the First Amendment. It is about YOUR First Amendment rights. This is one of the most important First Amendment cases to go to the U.S. Supreme Court in the last 100 years. The government's arguments in this case have been so frivolous as to border on absurd. The lower courts have deliberately ignored the main issues because they don't wan to deal with this and that is why it now must go before the "high" court:
"In this historic 16th Amendment litigation, the Government has sued Bill Benson seeking an injunction prohibiting him from falsely telling people the Sixteenth Amendment to the United States Constitution was not ratified and therefore people are not required to file an income tax return. The Government contends it is entitled to an injunction because Benson is promoting an abusive tax shelter, conduct made subject to a penalty per 26 U.S.C. Section 6700."
This case isn't about tax evasion or "paying your fair share." Benson has never promoted any form of abusive tax shelters. It is about the First Amendment. It is about oppressive government deciding they can change the language of the First Amendment to suit their own totalitarian needs. It is about real men who have sacrificed their freedom (Bill Benson), good times and forget getting paid big legal fees (Becraft and Dickstein) the whole way to stand and fight for what is right. Now, we must fight with them with our support.
This is the latest update from Jeffrey Dickstein, September 19, 2009:
"I should, in the near future, receive from the printer a .pdf of the formatted brief to be sent out to solicit amicus briefs. I will file the brief with the Supreme Court on Friday, Oct. 16th.
"Based upon your feedback I know some of you will be unhappy, but I ultimately went with my instincts that has served me well in my legal career. Someone had to make a final decision, and as fate would have it, that person is me.
"Lots of issues remain, such as to send e-mails or faxes, finding a data base of newspapers, tv and radio stations, the right logo, the right name for the website/campaign. Just like with the brief writing, everyone has a different opinion pointing in lots of different directions, and no one agrees on anything. Go Figure!
"I have also prepared a petition for writ of mandamus to be filed with the 11th circuit around the same time as the Benson brief is filed. The mandamus is to direct the district court judge in the Hirmer/PQI criminal case in Florida to address, on the merits, the issues raised in the motion to dismiss the indictment on 16th amendment grounds. When the 11th denies it, I can then take it to the Supreme Court so there will be both a criminal and a civil case on the same subject matter pending before the Court. I haven't yet decided on the strategy to take it to the Supreme Court; maybe a motion to stay, or a petition for writ of mandate.
"I could really use your help in identifying 1st amendment groups and defense groups (for the due process violation) so I can send amicus solicitation e-mails.
"I also need your help in personally contacting Glen Beck, Judge Napolitano, Lew Rockwell, Rush Limbaugh, Dick Army, Ron Paul (for public support of this cert to the Supreme Court), George Noory and your favorite talk show host so this issue gets the public support it needs if we are going to put political pressure on the government so the Supreme Court grants cert., as well as people with money to support the project.
"Please dig deep and get personally involved by my web site. There will be new additions coming up for slide presentations to help educate our fellow Americans. I know you are all busy, but I am convinced this is the best chance we will ever have and the timing appears to be aligning with the project. A personal thank you to each of you that provided feedback and have made donations to date."
Efforts to get Dr. Edwin Vieira on Judge Andrew Napolitano's show last week were successful after much petitioning to his producers. It takes polite persistence. Now we need to get Jeffrey Dickstein on as much media as we can. Explain to these talk show hosts the importance of this case and that the American people have the right to know what hasn't been given any media exposure. It's fine to flog ACORN to death, but there are other critically important issues out there that need to be saturating the air waves.
Additionally, if you are an attorney, I hope you will contact Jeffrey about submitting an amicus brief. As you know, a high number of amicus briefs can make a difference whether or not a cert is accepted. Example this case -- another very, very important First Amendment and free press rights case:
For those who have followed this case either by going to Jeffrey Dickstein's web site or through my columns over the years, know it has been horribly frustrating and expensive. Many don't realize, but it costs thousands of dollars to get the required printing and other expenses just to submit to the court for consideration. Times are tight for people financially. I know that and so does Bill, Larry and Jeff. We are all bombarded every day with requests for donations for this cause and that. So many are con artists, charlatans and politicians who make splashy headlines, but are responsible for the destruction of this republic.
So many are organizations that ask for money to do the same thing over and over that produces the same zero results. There are also fine legal organizations that do the very difficult, long drawn out work that bring victory in the courts. I salute them as well as organizations like Stewards of the Range and so many who work to protect the rights of land owners. It all takes financial support. The work of Bill Benson, Larry and Jeffrey also fall into that category of sacrifice to protect and safeguard our right to free speech.
Don't use the "corrupt courts" as an excuse. Those of us in this fight for decades know all about the courts. However, there have been important victories (United States v. Lopez, 514 U.S. 549 (1995); Printz v. United States, 521 U.S. 898 (1997); and a recent win in Florida. What if I would have said 20 years ago, "Ah, ya can't fight city hall." Giving up is not an option. Excuses are not an option.
The tea parties have become the rallying cry: Taxation without representation. Stop big government. What about our lives without freedom of speech? What about our lives if an agency of the federal government, in this case, the IRS, or any other agency for that matter, simply decide that your work to expose the truth about any issue will not be permitted? I am asking you to please support this case. Not with your life, but with your precious dollars; the sweat of your labor. Whether it is $5.00 or $500.00, every donation will be used only for the furtherance of this case and all the work still to come (soliciting amicus briefs and other expenses) to bring this Petition for Writ of Certiorari case to the attention of the American people.
Nathan Hale was hung by the British, September 22, 1776. Young Master Hale was born, June 6, 1755. He enrolled at Yale at the ripe age of 14. This young man grew up in the colonies at the most turbulent time in our history, the birthing of this republic. He had his whole life ahead of him. Instead, at age 21, he was ordered hanged as a spy by General William Howe. His last words were: "I only regret that I have but one life to lose for my country.” While I live on a fixed income, I have sent my check today because those who died to give me my tomorrow's will not have died in vain if we fight. As they did. As warriors. As Americans.
[Note: Free email alert service is now available on my web site; click here. I will send out notice of my columns, and also, since I work at home, I keep up on research and provide you with things I believe are important to know or act upon -- like votes in the Congress of Outlaws. We're making some changes to the site and adding a new section on judicial matters. As I transferred the site to a new domain carrier, the audio section is temporarily disabled; should have that back up soon. Thank you for your patience.]