Legal Question in Criminal Law in Kentucky

Re: Conspiracy Laws

Richard:

A conspiracy is nothing more than an agreement. A criminal conspiracy is an agreement to committ a crime. "Openly advocating" a position on anything in America is usually nothing more than an expression of a Citizen's First Amendment rights. Speaking in public about most things is a constitutional right. Even something as wrong as crimes against children. By the way; there is no right to committ a sex crime against a child. Period. But there is a right to talk openly about the question of whether this behavior "should" be a crime. In other words a citizen has a right to discuss changes in the law in public. Even if they are stupid ones. When and where and how a citizen exercises Free Speech is subject to some government regulation. But not much. The real answer to your question is "It depends on the situation." Can a person go to a public meeting and suggest, however unwisely, that child sex should be lawful? Yes they can. Can the same person stand up in the middle of a crowded theatre and say the same thing while others are trying to watch a movie? Probably not. We must be very careful in America to make sure that Free Speech continues. No matter how much we may find the content of the speech repugnant. If the Federal and state governments are permitted to criminally punish people who advocate sex with children for simply speaking on the subject today; there is a substantial danger that tomorrow people will be prosecuted for advocating other unpopular causes. There are many groups of American Citizens who enjoy Constitutional rights and Freedoms almost solely because of the First Amendment. In the 1960's it was the First Amendment that allowed the Civil Rights movements for blacks. In the 70's it permitted the Women's Rights (ERA) movement. It protected those who sought to end the Viet Nam war. All of these were unfamiliar and unpopular causes when they began. In America we are permitted to vehemently disagree with those who would advocate the legalization of victimization of children. But the Constitution says we must also defend the right of these nuts to say it. There exists a vast body of state and federal law on criminal conspiracies. But simply advocating in a public forum that you have a right to committ a crime is probably not a violation of any of them. If I were you I would begin your search at the Kentucky Legislature's web page. If you contemplate taking some legal action you should consult with an attorney.