Photo Credit: marsmet 541 (Creative Commons)
Congress has just made it easier to arrest and convict those who exercise their 1st Amendment rights of protest and assembly.
A number of articles have recently appeared on the web concerning the “Federal Restricted Buildings and Grounds Improvement Act of 2011,” a bill recently passed by Congress which makes it a criminal offense to “impede or disrupt” the activities of the President, Vice President or anyone under the immediate protection of the Secret Service. The measure also makes it illegal to engage in “disorderly behavior” at a special event of “national significance” or in the proximity of a “restricted building or grounds.” Anyone who violates a provision of the proposed statute is subject to fine, imprisonment of up to 10 years, or both.
In short, Congress figures it would be a good idea to keep tight rein on anyone who demonstrates a bit too energetically about the decisions coming out of Washington DC or the people who make them.
But more interesting than the content of the new bill is the fact that the “Restricted Buildings and Grounds Act” already exists as federal law. It is legislation which has been around since the late 60’s, making the same threats against protesters and imposing the same penalties. So the obvious question is: what prompted Congress to unearth and amend this decades-old measure?
A careful reading of the amended Act makes the intentions of DC politicians very clear. Without going into the legalese involved, with the clever deletion of just one word from the 1960’s Act, Congress has made it MUCH easier to convict anyone who federal prosecutors believe to have violated its terms.
Prior to the new language, prosecutors were generally required to prove beyond a reasonable doubt that a protester standing in the wrong place or saying unpopular things KNEW that his activities were against the law–knew that he had “violated a known legal duty.” Not the easiest burden of proof for the state.
But under the terms of the revised Act, federal prosecutors will only have to prove that the offender intended the result of his actions and knew that the particular result was likely to occur. In other words, it will only be necessary to show that a protester shouting into a megaphone both knew his conduct would be “disruptive” and intended it to be just that. Clearing the streets of those who don’t appreciate ‘The One’ will be a snap.
And, in the new Act, it seems all of those prosecutors will work for the Department of Justice. Under the old legislation, state law and jurisdiction took precedence. But now, all violations of the Act will be prosecuted in federal court, according to federal law. Maybe Congress doesn’t trust the states to enforce the law in quite the right way, at the right time, or against the right people!
So given that the new Act features broad descriptions of illegal behavior and a reduced burden of proof for federal prosecutors, it seems clear that DC politicians are doing everything in their power to legislate a pleasant, non-confrontational campaign season for themselves! Especially, perhaps, at the White House level.
It will be interesting to see if the revised statute will be used to combat the well-known lunacy of professional protesters expected to overrun Chicago this summer during the G8 summit. Then again, the threat of prison might be reserved for the protection of the Democrat president from those dangerous, middle aged Tea Partiers!
Time will tell.
Please share this post with your friends and comment below. If you haven’t already, take a moment to sign up for our free newsletter above and friend us on Twitter and Facebook to get real time updates.
Follow @WestJournalism
Loading ...
our freedoms or lack there of ARE COMING TO A SCREECHING HALT AND VERY FEW PEOPLE REALIZE IT!!!!!
AND ISN’T IT IRONIC IT TOOK A N>>>>>>>>>>R TO DO IT!!!!!!
If your truncated word insinuates what I think it does, you are way out of line.
mspidge: This is truley what obama wants and if you have read any of the articles stating that he has set race relations back at least 20 years. His intent is to turn us on each other and then he can implemnet martial law be it black against white or muslim against Americans in general! We need not be denegrated to the level of obama and his low lifes! obama is the lowest form of life and is inherantly evil in his thoughts and actions!
THE REAL REASON WE “” JOHN Q. PUBLIC, tha tis us folks out here in the heartland of Americ, “” ARE LOOSING, IS THE BRAINLESS, SPINELESS BUNCH OF SO CALLED LEADERS WE HAVE IN WASHINGTON D/C.
TIME FOR A MAJOR CHANGE IN OUR LEADERSHIP IN THE ELECTION OF 2012.
We constantly blame “our leaders” without understanding who is truly, actually at fault. It is not the people in Washington, District of Corruption. We are the ones to blame; we voted them into office, we got lazy believed the “good people” we sent, etc.
Lay the blame where it truly belongs; at the feet of “We the People.”
Sorry Rabbi but I do not totally agree for I did not vote for any of these leftist Democratic Jack Asses! I am not, but while you are correct some of our thoughtless vote for the party idiots are in fact as you say responsible, While corruption of the shere nature of the Demos have been proven but mcCain chose not to challenge the votes as counted and here in we have a mixed bag!
Doug, I think there was just one big thing you left out. This passed the REPUBLICAN led-House of Representatives. All but three Republicans voted for this bill; conservative Paul Broun from Georgia, veteran libertarian Dr. Ron Paul, and Tea Party freshman Justin Amash from Michigan (likely the next Ron Paul).
This is not, as you framed it at the very end of your column, a left vs. right issue. It is a right vs. wrong issue. Obama as far as I know has not taken any position on it (although I would not be surprised if he signed it into law.)
I don’t know why so many conservatives and tea parties can see that the Republicans are not their friends and are using the tea party shamelessly for their own reasons. They voted for the NDAA. They voted for the Patriot Act. They voted to increase the size and scope of Medicare with Medicare Part D. They voted for No Child Left Alone, I mean, Behind. A lot of them supported the bailouts and earmarks under President Bush’s regime. They had no problem voting to raise the debt ceiling multiple times when Bush was president, adding trillions of dollars to the national debt. They didn’t nullify Roe v. Wade when they had the presidency and the majority in Congress. They still don’t recognize the detrimental impact that the Federal Reserve has on the dollar. I could go on and on from a more libertarian perspective on the wars and social issues, but I won’t. My point is that the Republicans are not to be trusted at all. We should think about supporting independents or third-party candidates, complete political outsiders. We should vote on principle and not on polls. It’s much more important for me to tell my unborn children and grandchildren that I voted for who I thought was the best person rather than who the polls and media said was the most electable person.
Treason is along both party lines. Now, it’s the RINOs turn. As for this unconstitutional bill, H.R. 347, you think in one minute I’m gonna comply to this bill? NO!!! This is a violation of all of our First and Fifth Amendment God-given Rights. People ask me why this is a violation of our Fifth Amendment Rights protected under the God-given U.S. Constitution? The Fifth Amendment states: “We have due process of the law to life, liberty and the pursuit of happiness.” In the Brown vs. Board of Education, 1954, Federal Judge Burman from the Warren Court stated, “Life is food, clothing and shelter.” Liberty is defined under Websters as “freedom.” We do have a right to petition our government. I believe the U.S. Constitution is the law of the land not queen Obozo or the U.S. House and Senate. The famous words from Patrick Henry is, “Give me liberty or give me death.” I’m gonna take my liberties since Obozo doesn’t want to give them to me, I’m gonna take them; even if this means a DECLARATION OF WAR!!! So, I’m gonna LOCK AND LOAD and keep my ammo dry. See website: http://www.haasstrep68.com
Since when will a federal law supersede that of the local ‘constabulary’, namely the local sheriff? Even the Secret Service has to relent to his authority, in his county. Try this crap in Sheriff Mack’s or Joe’s county and see what happens. This is 10th Amendment stuff, too, folks. But maybe this is too simplistic a read of the Constitution.
Daniel,
I didn’t frame it as a left v right issue. Indeed Republicans are just as guilty as Democrats, in fact probably MORE SO, not just in this case but in the vote in favor the National Defense Authorization Act and many others. As Republicans control the House it is obvious they played a significant role in making this into law.
I seriously doubt any conservative on the web is more critical of Republicans that I. With criticism of McCain, Boehner, Bush and many others I level FAR more vitriol at Republicans than at Democrats, mainly because they deserve it given the lies they are pleased to tell when election time rolls around. No doubt you’ve noticed how predictably conservative Juan McCain suddenly becomes, 6 months out of every 6 years!
Neither will I support a Republican because “at least he’s better than the Democrat.” Susan Collins, Olympia Snowe, Richard Lugar, Orrin Hatch–the list goes on–each could have been replaced by a Democrat without a great deal of difference in the vote on Supreme Court justices for example. How many Marxist nominees has Orrin helped place on the Court over the past few decades?
Republicans became charter members of the political ruling class long ago. Like Dems, their primary concerns are power and its perpetual retention. How many GOP members would vote in favor of term limits do you think? How many have demanded Hussein produce his bona fides? How many have stood up to tell the American public that he has traded billions of tax dollars for campaign contributions?
Anyhow, have a good one.
Thanks for clarifying Doug. My bad. I just hope more and more conservatives start to feel about Republicans the way you do. God bless, and keep up the good work sir.
Dan,
The real problem has become the number of people willing to settle for the lesser evil, for that lesser evil soon becomes the norm and the “lesser” part begins to fade into just plain evil! As you know, 200 years ago politicians had actual jobs of some sort. Governing was a sideline, sometimes a burden which stole time from a real occupation. Today its a self sustaining friggin industry! And we allow these thugs to flourish in it…with our money!!
all the best,
Doug
So Right Doug! This is a case of a group of people namely and mainly lawyers that found a way to self propagate their own legal businesses. They complicate the laws readings and they turn them into confusion that only the legal mind is able to sort out under many circumstances! Shakespeare”KILL ALL LAWYERS”!
my rep’s staffer tried to convince me that this was an a ok bill, and I replied if you believe that we really are in big trouble and this office has just helped ovomit keep on his time table for our complete destruction and believe me your boss can be thrown out of office.
You make some good points, but everyone needs to remember that sometimes we have to chose between bad and worse. Bush was a president for the times. How do you think Al Gore would have handled the 9/11 attack? I could go on and on as well, but when a president has an opposing Congress, there is not much he can do. If Bush had his way, we might not be in this mess dealt to us by Fannie and Freddie and the democratic party members that ridiculed Bush repeatedly when he asked for oversight and regulation. Barney Frank said as late as July ’08 that every thing was fine. By September a $700 billion dollar TARP was being passed so the sky would not fall in. So Bush’s record was checkered, but you have to admit, we were in the worst of times, and under Obama even though he made many promises, I have yet to see the best of times.
we the people what more proof do you need,to vote this traders out of office.we the people its time,all of this politicians are all traders to the oath of office they took,to defend and protect the constitution,its time to take back our country from this insanity,rise we the people rise.we the people are the goverment,not these useless do nothing politicians.time to gather and restore the constitution.god bless all american veterans and all american citizens.semper fi
ARAB SPRING RIOTS => MARTIAL LAW => REPLACE THE GOVERNMENT WITH A DICTATORSHIP
This is the plan to overthrow Democracies around the world to replace them with Saudi Dictatorships. This is also the same plan in the US.
The Saudi Dictator paid to take out many of the permits for the OCCUPY RIOTS and is hiring the Muslim Brotherhood, and other terrorist organizations, to turn peaceful PROTESTS into RIOTS in the US. The next MAJOR PLANNED RIOTS will be in Tampa at the Republican National Convention.
What we must look at with this law is: DOES IT PREVENT OUR RIGHT TO PEACEFUL PROTEST OR IS IT PREVENTING RIOTS? Protests are peaceful gatherings to try to change our Government. Riots are breaking the law, violence and destroying property to overthrow the US Congress and the US Constitution through an “OBAMA MARTIAL LAW DICTATORSHIP.”
This law is obviously designed to prevent RIOTS and the overthrow of our Democracy so it won’t be replaced by an “OBAMA MARTIAL LAW DICTATORSHIP.” Obama can declare Martial Law for any FEMA emergency like OCCUPY RIOTS.
But any time we limit our freedom to PEACEFUL PROTEST, in the name of preventing RIOTS, we take one step forward to empowering a Dictatorship to overthrow the US Constitution and Congress.
What I read above is that this bill is to prevent RIOTS. But the important question is: Does this bill impede our Right to Peaceful Protest?
The part of this bill, that I worry about the most, is the ability for one man (a dictator) to declare that any Peaceful Protest is a RIOT on their (the dictator’s) word that the Peaceful Protest is a “Disruption.”
This is all about TURNING THE UNITED STATES INTO A DICTATORSHIP, like losing our other freedoms:
1) We’ve lost Habeas Corpus, which is our right to trial. The NDAA allows one man (a dictator) to indefinitely detain any American without a trial.
2) We’ve lost our right to Posse Comitatus, which is the ability of one man (a dictator) to use our Military Against the Citizens of the United States. Congress has the authority to use our Military against Americans, but this authority should never be given to one man (a dictator) as the NDAA and Patriot Act state.
3) We’ve lost the power of the US Constitution when the NDAA, the Patriot Act, and other legislation allows one man (a dictator) to suspend Congress and the Constitution.
4) We’ve lost our freedom of Speech when we allow one man (a dictator) to take down any website or stop the alternative news on the internet.
So overall, you can see it is easy for a Dictator to Overthrow the United States Constitution and our Democracy by seemingly helpful laws that limit Citizen’s ability to stop the Dictator.
OCCUPY RIOTS => OBAMA MARTIAL LAW DICTATORSHIP => SUSPEND CONGRESS AND SUSPEND THE CONSTITUTION
This nasty piece of work, seems to be right on schedule, this thing will make hitler pale in comparison!!!!