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Devvy Kidd – Benson goes to Supreme Court for all of us


By: Devvy Kidd
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 (see, 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

This is the latest update from Jeffrey Dickstein, September 19, 2009:

"I have finalized the petition for writ of cert and sent it to the printer today. Copy here
( and
available on my web site (

"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.

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Devvy Kidd – Benson goes to Supreme Court for all of us

"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."


Jeffrey A. Dickstein
Attorney at Law
500 W. Bradley Rd., C-208
Fox Point, WI 53217
(Checks should be made payable to Jeffrey Dickstein)

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.

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Devvy Kidd – Benson goes to Supreme Court for all of us

Glenn Beck:

Lew Rockwell:
Rush Limbaugh:
George Noory:

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:

You can read about Citizen United v Federal Election

Commission, No. 08-205 here:
( and
here: ( ;
notice how many amicus briefs were filed and that is what's
needed for the Benson 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) (see:; Printz v. United States, 521 U.S. 898 (1997)
(see:; and a recent win in Florida (see: 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

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Devvy Kidd – Benson goes to Supreme Court for all of us

furtherance of this case and all the work still to come (soliciting amicus briefs (see: 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 ( 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.]


Web site on this case:

Bill Benson's web site:

Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; 2 million
copies sold. Devvy appears on radio shows all over the country as well as her own; ran for
Congress and is a highly sought after public speaker.

She left the Republican Party in 1996 and has been an independent voter ever since. Devvy
isn't left, right or in the middle; she is a constitutionalist who believes in the supreme law of
the land, not some political party. Her web site contains a tremendous amount of
information, solutions and a vast Reading Room.

Devvy's website:

It isn't possible to respond to 20,000 emails a month. Before you send Devvy e-mail, please
take the time to check the FAQ section on her web site (; it has been
updated and filled with answers to frequently asked questions and links to reliable research

E-mail is:

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