Title 18 USC only has one law concerning this very sunject matter,so says the Supreme Court in the case listed below. It's a Washington D.C code i.e, only enforcible in D.C. It only pertains to foreign officials. I'm sure the secret service agent didn't sign the complaint, that would only leave the local cop chargiable with ah, acting under the "color of law",violating this lady's First Amendment rights,and threating arrest. Here's the case with link. enjoy
U.S. Supreme Court BOOS v. BARRY, 485 U.S. 312 (1988) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=485&invol=312
JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part II-A. The question presented in this case is whether a provision of the District of Columbia Code, 22-1115, violates the First Amendment. This section prohibits the display of any sign within 500 feet of a foreign embassy if that sign tends to bring that foreign government into "public odium" or "public disrepute." It also prohibits any congregation of three or more persons within 500 feet of a foreign embassy. The most useful starting point for assessing 22-1115 is to compare it with an analogous statute adopted by Congress, which is the body primarily responsible for implementing our obligations under the Vienna Convention. Title 18 U.S.C. 112(b) (2) subjects to criminal punishment willful acts or attempts to "intimidate, coerce, threaten, or harass a foreign [485 U.S. 312, 325] official or an official guest or obstruct a foreign official in the performance of his duties." Its legislative history reveals that 112 was developed as a deliberate effort to implement our international obligations. See, e. g., 118 Cong. Rec. 27112-27113 (1972). At the same time, the history reflects a substantial concern with the effect of any such legislation on First Amendment freedoms. For example, the original provision contained a prohibition on willful acts or attempts to "intimidate, coerce, threaten, or harass . . . or obstruct a foreign official," as does the current version of 112. In a portion with similarities to the display clause, however, it also punished anyone who "parades, pickets, displays any flag, banner, sign, placard, or device, or utters any word, phrase, sound, or noise, for the purpose of intimidating, coercing, threatening, or harassing any foreign official or obstructing him in the performance of his duties." Act for Protection of Foreign Official Guests of the United States, Pub. L. 92-539, Title III, 301(c)(1), 86 Stat. 1070, 1073 (1972). Concerned with the effects that such a provision might have on First Amendment freedoms, the Senate added a new subsection, which directed: "[N]othing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States." 301(e), 86 Stat. 1073. See S. Rep. No. 92-1105, p. 19 (1972). After the 1972 passage of 112 in this form, congressional concerns about its impact on First Amendment freedoms apparently escalated rather than abated. In 1976, Congress revisited the area and repealed the antipicketing provision, leaving in place only the current prohibition on willful acts or attempts to "intimidate, coerce, threaten, or harass a foreign [485 U.S. 312, 326] official." 112(b)(2). In modifying 112, Congress was motivated by First Amendment concerns: "This language [of the original anti-picketing provision] raises serious Constitutional questions because it appears to include within its purview conduct and speech protected by the First Amendment." S. Rep. No. 94-1273, p. 8, n. 9 (1976); H. R. Rep. No. 94-1614, p. 6, n. 9 (1976).
1 comment:
Title 18 USC only has one law concerning this very sunject matter,so says the Supreme Court in the case listed below. It's a Washington D.C code i.e, only enforcible in D.C. It only pertains to foreign officials.
I'm sure the secret service agent didn't sign the complaint, that would only leave the local cop chargiable with ah, acting under the "color of law",violating this lady's First Amendment rights,and threating arrest.
Here's the case with link. enjoy
U.S. Supreme Court
BOOS v. BARRY, 485 U.S. 312 (1988)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=485&invol=312
JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part II-A.
The question presented in this case is whether a provision of the District of Columbia Code, 22-1115, violates the First Amendment. This section prohibits the display of any sign within 500 feet of a foreign embassy if that sign tends to bring that foreign government into "public odium" or "public disrepute." It also prohibits any congregation of three or more persons within 500 feet of a foreign embassy.
The most useful starting point for assessing 22-1115 is to compare it with an analogous statute adopted by Congress, which is the body primarily responsible for implementing our obligations under the Vienna Convention. Title 18 U.S.C. 112(b) (2) subjects to criminal punishment willful acts or attempts to "intimidate, coerce, threaten, or harass a foreign [485 U.S. 312, 325] official or an official guest or obstruct a foreign official in the performance of his duties."
Its legislative history reveals that 112 was developed as a deliberate effort to implement our international obligations. See, e. g., 118 Cong. Rec. 27112-27113 (1972). At the same time, the history reflects a substantial concern with the effect of any such legislation on First Amendment freedoms. For example, the original provision contained a prohibition on willful acts or attempts to "intimidate, coerce, threaten, or harass . . . or obstruct a foreign official," as does the current version of 112. In a portion with similarities to the display clause, however, it also punished anyone who
"parades, pickets, displays any flag, banner, sign, placard, or device, or utters any word, phrase, sound, or noise, for the purpose of intimidating, coercing, threatening, or harassing any foreign official or obstructing him in the performance of his duties." Act for Protection of Foreign Official Guests of the United States, Pub. L. 92-539, Title III, 301(c)(1), 86 Stat. 1070, 1073 (1972).
Concerned with the effects that such a provision might have on First Amendment freedoms, the Senate added a new subsection, which directed:
"[N]othing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States." 301(e), 86 Stat. 1073.
See S. Rep. No. 92-1105, p. 19 (1972).
After the 1972 passage of 112 in this form, congressional concerns about its impact on First Amendment freedoms apparently escalated rather than abated. In 1976, Congress revisited the area and repealed the antipicketing provision, leaving in place only the current prohibition on willful acts or attempts to "intimidate, coerce, threaten, or harass a foreign [485 U.S. 312, 326] official." 112(b)(2). In modifying 112, Congress was motivated by First Amendment concerns:
"This language [of the original anti-picketing provision] raises serious Constitutional questions because it appears to include within its purview conduct and speech protected by the First Amendment." S. Rep. No. 94-1273, p. 8, n. 9 (1976); H. R. Rep. No. 94-1614, p. 6, n. 9 (1976).
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