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Conspiracy charge in Oregon standoff case can 'chill' political dissent, defense lawyer says
OregonLive ^ | 5/23/2016 | Maxine Bernstein

Posted on 05/24/2016 3:58:55 AM PDT by Nextrush

A federal conspiracy charge against 25 occupiers accused of stopping federal officers from doing their work at the Malheur National Wildlife Refuge is constitutionally vague and has the potential to "chill the most crucial First Amendment activity"-political dissent, defense lawyer Amy Baggio argued Monday.

The charge provides a "sphere of protection" for federal employees, but it's so broadly worded that it could restrict free speech and assembly designed to criticize the federal government and how its employees exercise their duties, Baggio said.

"This statute can chill, it can threatened not only First Amendment expression but the Second Amendment right to bear arms," Baggio said.....

U.S. District Judge Anna J. Brown, who has set a Sept. 7 trial date in the refuge occupation case, countered that the statute "does not criminalize mere criticism" or "mere protest."

"It criminalizes force, intimidation or threats against public employees preventing them from doing their jobs," the judge said. Brown added that it's OK to criticize the U.S. Bureau of Land Management employees, but preventing those BLM officers from doing their work on their property isn't permitted under law.

What if a federal court employee on the fourth floor of the courthouse was intimidated by a protest outside the courthouse by NRA supporters all carrying firearms? Baggio asked. Would that make the protest a criminal act because it "intimidated" a federal employee?

"It's not protected conduct to use force to prevent federal officers from their duties," the judge told Baggio. "Of course a person has First Amendment rights but there are limits....It's also not lawful to intimidate someone with a firearm or threaten someone with a firearm.".....

(Excerpt) Read more at oregonlive.com ...


TOPICS:
KEYWORDS: ammonbundy; amybaggio; firstamendment; oregon; oregonstandoff; secondamendment
Pretrial arguments giving us a picture of what the trial may look like for the Oregon Standoff defendants and what lawyers will say in their defense....
1 posted on 05/24/2016 3:58:55 AM PDT by Nextrush
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To: Nextrush
Brown added that it's OK to criticize the U.S. Bureau of Land Management employees, but preventing those BLM officers from doing their work on their property isn't permitted under law.

It ain't THEIR property, dingbat! It's our property.

2 posted on 05/24/2016 4:07:38 AM PDT by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda)
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To: Nextrush; Salvation; Whenifhow; LucyT

Thanks for posting !

http://www.freerepublic.com/focus/f-news/3433379/posts?page=1#1

Ping to first and second amendment impact of the Bundy case.


3 posted on 05/24/2016 4:12:32 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Nextrush

Government trying to limit what we may do? Next you’ll tell me rain is wet.


4 posted on 05/24/2016 4:14:10 AM PDT by wastedyears (I'm actually going back to school. I kinda don't believe it.)
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To: Nextrush

I agree with the premise of you article.

But, you said:

“It’s also not lawful to intimidate someone with a firearm or threaten someone with a firearm.”

I’ve had to produce a weapon 2 times in my 68 years. Never had to use one. But am not sure I’d be here today if I didn’t have one then.

The threat of use was what it took to end the danger.


5 posted on 05/24/2016 4:16:27 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Nextrush

The proof is found right here at Free Republic.


6 posted on 05/24/2016 4:31:33 AM PDT by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: Nextrush

The purpose of the conspiracy charge in the Oregon standoff case is to chill political dissent. Whether or not you agree with the activists in Oregon, and whether or not you think their tactics were appropriate, all decent people should be disgusted by most of the prosecutions and persecutions in the case.


7 posted on 05/24/2016 4:46:08 AM PDT by Pollster1 (Somebody who agrees with me 80% of the time is a friend and ally, not a 20% traitor. - Ronald Reagan)
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To: Nextrush

“Of course a person has First Amendment rights but there are limits....It’s also not lawful to intimidate someone with a firearm or threaten someone with a firearm.”.....

Typical King George III thinking. The elitist fascist government not only intimidates citizens with firearms, it also uses firearms to murder citizens. The slippery slope has been greased. Where it takes us is obvious to me.


8 posted on 05/24/2016 5:01:29 AM PDT by sergeantdave ( If not you, who? If not now, when?)
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To: Nextrush
U.S. District Judge Anna J. Brown, who has set a Sept. 7 trial date in the refuge occupation case, countered that the statute "does not criminalize mere criticism" or "mere protest."

Another lying Statist.

Of course, Brown was nominated by "Rape Boy" Clinton, in order to rape the Natural Rights of the peasantry.

9 posted on 05/24/2016 5:05:13 AM PDT by kiryandil (To the GOPee: "Giving the Democrats the Supreme Court means you ARE the Democrats.")
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To: Pollster1
The purpose of the conspiracy charge in the Oregon standoff case is to chill political dissent.

"Conspiracy to spit on the sidewalk", the newest "federal felony".

Meanwhile, it's just "impossible to say" what crimes Hillary Clinton or Lois Lerner committed...

10 posted on 05/24/2016 5:07:17 AM PDT by kiryandil (To the GOPee: "Giving the Democrats the Supreme Court means you ARE the Democrats.")
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To: Islander7

“It ain’t THEIR property, dingbat! It’s our property.”

The entire force of our present Federal Government is being bent to make all of us forget that simple fact. It’s working. The public education system and media have already made brainwashed herd animals out of generations of Americans.


11 posted on 05/24/2016 5:32:35 AM PDT by Aleya2Fairlie
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To: kiryandil

preventing those BLM officers from doing their work on their property isn’t permitted under law.

Way up thread the case was made that it is PUBLIC property, not government property, but, the governments case will be made to preserve the greater than 90 percent conviction rate in Federal Court, and at public expense. We done payed for our conviction, if you will, and then we get to pay to incarcerate as well. We are just the givinest folks ain’t we?


12 posted on 05/24/2016 5:33:08 AM PDT by wita
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To: kiryandil

“Some animals are more equal than others.”

Just like the world of Animal Farm, in the real world, liberals are pigs. One of many reasons why governmental power should be limited is to avoid the temptation to abuse the power of a government that has too much power. The federal government had far too much power under Clinton, and it has almost doubled from $2T to $3.8T (more than double in oppression) in size since then.


13 posted on 05/24/2016 6:02:25 AM PDT by Pollster1 (Somebody who agrees with me 80% of the time is a friend and ally, not a 20% traitor. - Ronald Reagan)
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To: WildHighlander57

I just saw a blog post from Gary Hunt (”Outpost of Freedom”) dated May 22nd.

It delves into the activities of the Oath Keepers/Idaho III Percent/ Pacific Patriot Network around the Oregon Standoff and also mentions the shooting of LaVoy Finicum, asking if the FBI’s shots fired at the scene incited the Oregon State Police into opening up on LaVoy.

http://outpost-of-freedom.com/blog?p=1529


14 posted on 05/25/2016 2:17:25 AM PDT by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS, REMEMBER PASTOR NIEMOLLER)
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