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 ...
It ain't THEIR property, dingbat! It's our property.
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.
Government trying to limit what we may do? Next you’ll tell me rain is wet.
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.
The proof is found right here at Free Republic.
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.
“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.
Another lying Statist.
Of course, Brown was nominated by "Rape Boy" Clinton, in order to rape the Natural Rights of the peasantry.
"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...
“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.
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?
“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.
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
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