Scott Lively is one of our big opponents. Back in 2009 he went to Uganda to stir up anti-gay sentiment and succeeded quite well -- the country created an anti-gay bill that included the death penalty (to put the situation in Russia, bad as it is, in perspective). That bill hasn't been passed yet and seems to be ignored now.
However, Sexual Minorities Uganda (SMUG) and the Center for Constitutional Rights here in America have teamed up to sue Lively. This suit falls under a law dealing with violations to the law of nations or a treaty with the United States. The suit claims that Lively stirred up persecution on the basis of sexual orientation, aiding and abetting a crime against humanity. Lively said he was only exercising free speech and asked the case to be dismissed.
The judge has ruled the suit may go to trial. Aiding and abetting a crime against humanity is a well-established offense in international law and recognized in American courts. The judge addressed the free speech issues. It isn't free speech when it "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Advocating against gays is one thing. Preparing criminal activity is quite another.
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