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1st Amendment

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posted on Sep, 27 2011 @ 11:45 PM
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Is it legal to lie in court? Under the 2nd amendment you have the freedom of speech. Other writings that may be relevant to this are Article 6 of the US Constitution, Bennett v. Boggs, Miller v. US, and Sherer v. Cullen. Any legal scholars out there that could help me with this question.
edit on 27-9-2011 by Bullcookies because: senior moment

edit on 27-9-2011 by Bullcookies because: senior moment




posted on Sep, 27 2011 @ 11:52 PM
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No because you are under oath. And the 2nd amendment is the right to bear arms. Freedom of speech is in the first amendment.

One Love.



posted on Sep, 27 2011 @ 11:54 PM
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What you would use is the 5th amendment. If you have to lie then you are probably about to ruin your life.. so use the 5th and just don't tell them a damn thing~



posted on Sep, 27 2011 @ 11:56 PM
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reply to post by Fastercaddy
 

Sorry about the amendment mix up, had a senior moment. Can't it be argued the oath is also a lie, like saying I promise to do something but don't



posted on Sep, 28 2011 @ 12:03 AM
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reply to post by Cassey222
 
Doesn't the 5th amendment only cover the accussed



posted on Sep, 28 2011 @ 12:04 AM
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Originally posted by Bullcookies
reply to post by Fastercaddy
 

Sorry about the amendment mix up, had a senior moment. Can't it be argued the oath is also a lie, like saying I promise to do something but don't


as my step dad always tells me since im canadian and his american...if you ever get into truble these are the only words to ever speak....I Plead The 5th No i do not under stand what your saying (after they read you your rights) then say i would like to speak to a lawyer.

if you swear under oath to tell the truth then you are held to be telling the truth...if you lie and are caught you can be charged.



posted on Sep, 28 2011 @ 12:05 AM
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Originally posted by Bullcookies
reply to post by Cassey222
 
Doesn't the 5th amendment only cover the accussed



Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


bolded the important part your asking
edit on 28-9-2011 by Calex1987 because: (no reason given)



posted on Sep, 28 2011 @ 12:23 AM
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reply to post by Bullcookies
 

I have often wondered if a person were to 'swear on the bible' but they really could care less about swearing on the bible would commit purgery and feel it justified because they do not recognize the bible. Really the idea of willfully lying is a personal choice. One that the individual is making a conscience decision to make and thus accepting the reprocussions of said action. Thats my 2cents~



posted on Sep, 28 2011 @ 12:25 AM
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As Black's Law Dictionary explains, the full capitalization of the letters of one's natural name, results in a diminishing or complete loss of legal or citizenship status, wherein one actually becomes a slave or an item of inventory. The method by which the State causes a natural person to "volunteer" himself into slavery, is through forming legal joinder, implied or stated, with the entity or legal fiction (name all CAPS). Of course, most natural persons wouldn't willingly form such an unlawful but legally reductionist joinder, so trickery and obfuscation are used. The initial joinder is formed when a legal Birth Certificate is issued by the State, name in all CAPS. In fact, both the Certificate of Birth AND Social Security number, are for "inventory" control purposes, similar to the Amistad Schooner's manifest or those numbers or records used by legal entities or Corporations to track, account for, use and dispose of inventory. It is under the Admiralty jurisdiction Terri Schiavo's fate was determined, and under this alien fictional jurisdiction many of today's legal or other fictional entities such as "gay marriages" are fabricated. Commensurate with color of law, they appear to "be," but they are not. Indeed, under common law and the American Constitution, "gay marriage" is unlawful and an oxymoron (contradiction). This, no legal maneuver can change.


This is well known.. Well, not really. The issue is that you can probably be exported if claiming to be a persons that is not your birth-name in all caps.. You would be considered an illegal immigrant? Not too sure yet.. But I think this is how we need to legally get a revolution going in the U.S.

Just a thought..

This may help as well;

www.abovetopsecret.com...



posted on Sep, 28 2011 @ 12:31 AM
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reply to post by Calex1987
 
The case is not against me so therefore I'm not being compelled to testify against myself. Am I correct in assuming this doesn't apply to me?



posted on Sep, 28 2011 @ 01:50 AM
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Originally posted by Bullcookies
reply to post by Calex1987
 
The case is not against me so therefore I'm not being compelled to testify against myself. Am I correct in assuming this doesn't apply to me?



Correct..but sometimes they will use "Do you swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?" and some will add "so help you god"


so if you dont believe in god your still swearing under oath saying to the judge and the jury you are going to tell the whole truth and nothing but the truth as you know it to be....



posted on Sep, 28 2011 @ 01:53 AM
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That is why we need intelligent people to present cases with the same amount of lingual rape that the government tends to use.

Give them a shot of their own whiskey.



posted on Sep, 28 2011 @ 02:01 AM
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reply to post by Calex1987
 

So what if I say no. Kind of like saying You don't understand your Miranda warnings, Then what?



posted on Sep, 28 2011 @ 02:05 AM
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reply to post by Bullcookies
 


best i could find is this


6-5-306. Refusal to appear or testify; avoidance of service; penalties; summary proceedings for contempt.

(a) A person is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he:

(i) Refuses or intentionally fails to obey a lawful subpoena or citation which has been served upon him;

(ii) Secretes himself or leaves his residence to avoid being served with a subpoena; or

(iii) Refuses to take an oath or affirmation or, being sworn or affirmed, refuses to answer a question required by the court or presiding officer.



posted on Sep, 28 2011 @ 07:57 AM
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reply to post by Calex1987
 


Ewww, looks like you are f-ed... However, there is nothing from stopping you from saying "I do not recall", or maybe better, "I do not clearly remember".. I'm sure there is a word or an example of this form of evasion.



posted on Sep, 28 2011 @ 08:13 AM
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off-topic post removed to prevent thread-drift


 



posted on Sep, 28 2011 @ 12:57 PM
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Originally posted by Cassey222
reply to post by Calex1987
 


Ewww, looks like you are f-ed... However, there is nothing from stopping you from saying "I do not recall", or maybe better, "I do not clearly remember".. I'm sure there is a word or an example of this form of evasion.


the question was can i say no swearing into oath...and the answer was no its against the law not to. i r not f'ed im alrighty



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