| [APPEAL] Ban of Invictean |
HIGH COURT OF THE SOUTH PACIFIC
DETERMINATION OF JUSTICIABILITY Whereas Invictean has appealed the ban imposed on them by Farengeto on 07 December 2017 through the following request:
I'm appealing my ban, since my ban was unjust, my defense is that I wasn't trolling but simply speaking my mind, it was to my knowledge that this region had freedom of speech at least somewhat, I wasn't intending to break the law.
Whereas this Court is empowered by Article III, Section 6 of the Charter to review the legality of actions by other government institutions and overturn those actions found in contravention of the freedoms guaranteed by the Charter.
It is resolved with respect to this Review Request as follows:
Kris Kringle Permanent Justice Annex A
A screenshot of the original review request by Invictean is provided below: ![[Image: dRicMrQ.png]](https://i.imgur.com/dRicMrQ.png) Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Formal Notice
Notice is given to all interested parties that Invictean has been given an opportunity to provide a full defence, subject to the same deadline given to Farengeto and the Local Council in the Determination of Justiciability. Both parties to this case will then be given an opportunity to address the arguments by the opposing party, within a reasonable timeframe determined at the discretion of the Court. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Your honour, my recounting of the event is as follows. I have included their RMB posts in quotes, in case of evidence destruction.
To my knowledge the problems with Invictean started with the founding of "TSP Next". Before this time they were a member of the region The American Legion, a far right region which Invictean remains a regional officer in. They began making blatantly false, and outright conspiratorial claims about The South Pacific, its government, and its membership. These are mostly tangential to the ban, further "nails in the coffin" of the behaviour that led to his ban, so I won't focus on it at this time. It was during this time that Invictean's controversial and very far-right views became evident. I would also like to raise the argument that given their sudden arrival in TSP, and immediate campaign of false and inflammatory rhetoric with the intent of taking political power that Invictean did not join this region in good faith and did not meet the requirements for member of The South Pacific prior to their ban. They would continuously reference our invasion of "innocent" regions The events that would lead to the ban began a day before. The nation of Amerigar made a somewhat extreme statement, which from the posting record seems to have just been an IC statement about their nation. Invictean was outraged by this statement, and in the linked RMB post made their first statement which openly called for the murder of all communists. Unlike Amerigar, their posting history and ideological ties made it clear that their intent was serious. As a result the post was suppressed. https://www.nationstates.net/region=the_...#p28451921 Quote:I propose that every single Communist be given a free helicopter ride! (Parachute not included) Invictean began their descent into full trolling after this post suppression. They became increasingly aggressive and more inflammatory in their far-right rhetoric, while also beginning to made statements advocating the overthrow of the regional government. I am unable to provide the original post that triggered the final straw, as since then that post has been deleted by the moderators, something which in itself speaks volumes about these final posts. Things only went further downhill after making that post. After suppressing their three posts I warned them that seriously calling for real world murder was unacceptable behaviour. This only further inflamed their behaviour, with their final statements being even more antagonistic. Their reply to my post doubled down on their statement, claiming the murder of communists would not be murder. In their final post before the ban they would further their inflammatory attacks, such as calling the regional government "corrupt SJWs". By this point their posts had lost all semblance of rational debate, and had devolved into intentional inflammatory, antagonistic, and hateful speech. During this period he had also sent me a telegram linking to what I can only assume was an inflammatory video, titled "Let the Commies hit the floor". From there after being authorized by the Local Council they were banned and ejected from the Region under Article 3.1 of the Border Control Act on the grounds of trolling. See this and its subsequent RMB posts for the full events: https://www.nationstates.net/region=the_...#p28457259 Post by Invictean suppressed by a moderator. Quote:No, why don't you speak for yourself like I do? TSP Next is a big tent party. You can join whether you support globalism or think globalism is a cancer on humanity like I do. Quote:Unjustly suppressing my posts? This is the corrupt establishment that needs to go. The upcoming election will see the fall of these power hungry fools from our government. I say bring on the suppression, show how corrupt you fools are, show the public why you cowards need to be voted out, TSP Next is a movement not for the gutless power hungry cowards, the opportunists, the conmen, we're a party for those who are loyal to this region and determined to bring about great change, to bring about a free and democratic government, with a strong and organized system, that doesn't lead the way for corruption like our current system. TSP Next will fight to remove these corrupt nations from power, to keep them from rotting our great region.The struggle is real, let today show that, if you want free speech, if you want true democracy, if you want a government that is loyal to the people and not a small group of radicals, join TSP Next. Quote:Unless it's calling for the murder of right wingers.And, I said COMMUNISTS, so I wasn't calling for murder.Keep suppressing my posts, keep digging your own graves, show the people why you need to go. Quote:I am very loyal to TSP, it's my homeland. The government, on the other hand, does not represent the people. Your suppression of free speech, invasions of innocent regions due to disagreeing with their values, and forcing social liberal, neo-liberal values on the entire population shows why the government needs to be changed. We don't need a bunch of corrupt SJWs in office, who can't handle speech that goes against their views. So much for democracy when only your side has any power. After their ban they moved to TNP, where they continued calls to overthrow our government. After raging about our region there, he was warned by the NS mods for his actions in both regions. Even the NS mods would warm him for baiting and flaming in their statement, actions typically associated with trolling. https://www.nationstates.net/page=rmb/postid=28460436
The Court requests that Farengeto provide screenshots of the referenced posts, and further that he produce actual evidence of the telegram he was allegedly sent by Invictean.
In addition, the Court will require evidence of the authorisation from the Local Council. The Court will further expect the Local Council to verify that this authorisation complied with the standards set out in the Charter, the Regional Officers Act and any other relevant law. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Your honor,
as assented to via Discord, an amicus brief regarding this case. The nation Invictean is a puppet of the individual known as Truace, a known fascist sympathizer. Known associated puppets at this time: On Invictean Invictean is a puppet nation that has been used for various right-wing shenanigans. At this time, it is appointed as "Director of Intelligence" in The American Legion, whose founder Konsiair is known in R/D circles as the previous founder of US Military, an invader region whose membership included one individual that received a Delete-on-Sight declaration on-site for repeated WA-multying to facilitate their invasions. Konsiair is notable for spewing similar rhetoric as Truace, as described later. Invictean stated in appeal that they are "a native of the South Pacific". This is a demonstrable lie. The puppet had resided in many other regions much longer than in the South Pacific, and there is no indication that Invictean is claiming nativity status as the leader of another nation that is actually a native of the South Pacific. On Truacia Truacia is a puppet nation that is masked as "Imperial Advisor" in The Iron Order. Note that the World Factbook Entry of that region explicitly states the goal to "Destroy the NPO, and the NSLeft to free the Pacifics", which would ostensibly include the South Pacific. The South Pacific Special Forces has disturbed hostile operations by The Iron Order multiple times in the past, proof of which could be brought together if necessary (the military logs don't, at this time, record from whom regions were liberated or defended against, so this would be a time-consuming endeavour). Perusing various Regional Message Board posts by that nation reveals a deep-seated conspiratorial view toward the South Pacific, long predating the arrival of the puppet nation Invictean in the South Pacific. Notable posts include:
Conclusion If I may postulate, it appears that Invictean's tenure in the South Pacific was not meant in good faith, but rather to sow discord and potentially infiltrate the region in the name of The Iron Order to "free" it from fictional Communist/NPO forces. All references are duplicated in screenshot form here. ![[Image: XXPV74Y.png?1]](https://i.imgur.com/XXPV74Y.png?1)
Formal Notice
Notice is given that Invictean submitted in private a defence, which is being produced both in text form and as a screenshot as follows: Invictea Wrote:After days of debate, legally campaigning for my political party, speaking my views, I was banned. I was told that I was banned for trolling, however, I wasn't trolling but simply speaking, saying what I believed, defending myself to others, I feel I was actually banned based off my political views, which is against the values and rights of the South Pacific. I feel it is wrong to ban any nation simply because of political bias. Though they claim that I was calling for violence, I was simply responding jokingly to another post, which jokingly called for the deaths of conservatives like me. I'm working to get this ban overturned so that I can return and continue to be part of the community, without being persecuted for my beliefs. ![[Image: DgwVUQm.png]](https://i.imgur.com/DgwVUQm.png) Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
The Court extends its thanks to Farengeto for his compliance with the request for testimony and to Roavin for his submission of an amicus curiae brief. Having reviewed both, the Court would appreciate their cooperation with the following questions.
To Farengeto:
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Formal Notice
Invictean answered the above questions as follows:
![[Image: 0AibxV0.png]](https://i.imgur.com/0AibxV0.png) Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Your honor,
addressing your questions: (12-11-2017, 12:28 AM)Kris Kringle Wrote: My postulation is based on the evidence of the history of the accused individual, and seeks to establish reasonable suspicion, if not probable cause, of an intent to be a bad faith agent in the South Pacific. Invictean's testimony does not necessarily contradict that - while Invictean denies the intent to seek change through overt extralegal means, a bad faith agent can operate on entirely legally methods overtly. For example, an agent colluding with a hostile foreign entity to electioneer our democracy against our interests would appear overtly lawful. Assuming further testimony and evidence provided by the accused and others do not significantly undermine the ostensible intent demonstrated in my earlier amicus brief, then I do feel it is appropriate for the court to consider Invictean a bad faith agent. (12-11-2017, 12:28 AM)Kris Kringle Wrote: I should preface this by saying that I'm not entirely fluent on 14 years of case law and legislative history. As far as I'm aware, the Border Control Act (through which the ban was justified) is the first law of its kind in the history of the Coalition, and there is no previous history of case law for this kind of case, so this would surely set a precedent. The South Pacific has historically and culturally been very lenient when it comes to banning nations that appear to be agents of bad faith. In most cases, the discretion of the Delegate (and later, with the introduction of Regional Officers, the CSS and then CRS) was used to sparingly banject those whose conduct has become demonstrably intolerable. The BCA, as well as the proposed determination of bad faith, would not undermine that tradition; rather, by granting the Delegate and/or the Local Council a mandate that was previously implicit to those nations intrinsically or explicitly granted the power to do so, that very tradition is codified. Similarly, I see no issue with regards to Article III, as it outlines rights granted to members only, and therefore they would not apply to an agent declared as bad faith. In fact, the current process goes beyond the guarantees of Article III, as a ban authorized through the BCA with an appeal through the court establishes a due process, which would (if the court rules Invictean as an agent of bad faith) then even have been applied to an ostensible non-member. (12-11-2017, 12:28 AM)Kris Kringle Wrote: The views and lawful intentions of Invictean should not have any bearing on the ruling. These are protected under Article III Section 1 of our Charter and form a cornerstone of our tradition of open democracy. However, any intentions of Invictean that may not be lawful (and this includes conduct that appears overtly lawful but covertly illegal) should have a bearing on the ruling. In my mind, sowing discord with the intent of affecting elections for the purposes of outside groups is such a thing.
Your honor,
The Local Council would like to request an extension from the previously provided deadline to 16 December 2017. Due to real life circumstances, specifically the end of the term, none of the members of the Local Council are presently able to devote substantial time to this case. In order to adequately format and present our reasoning in regards to the ban of Invictean, in a manner suitable to the importance of the case and dignity of the Court, we would require such an extension as requested. Thank you for your consideration. Marius Rahl Fortitudine Vincimus! |
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