ActualTalkingThermos said:
Kenneth_2003 said:
ActualTalkingThermos said:
Kenneth_2003 said:
ActualTalkingThermos said:
Unconstitutional IMO
I disagree. It has long been allowed and agreed that reasonable limits on speech do not restrict "Free Speech." I believe that outside of a person's personal residence should be respectfully off limits. If your goal is to protest the actions of an individual person in government or a body of the government you do so on the public square or at their office building or place of work. To do so at their home brings their family into the matter. Protesting outside someone's home, when they are trying to sleep, disturbing their family (and their neighbors) is an act of intimidation. It's telling that person that no place is safe for them or their family.
Also protesting the Court is simply stupid and the people that do so are simpleton fools. It shows incredible ignorance on behalf of the protestors that have no idea how our system of Government works. The court do not work for the people. The court works for the Constitution.
The statute also purports to make all picketing and protesting outside ("or near") any federal courthouse illegal
Read the statute in its entirety. You cannot lift phrases or lines from the statute arbitrarily.
Quote:
Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.
Getting onto the front steps of the SC building could be construed as a a bit of a gray area, but I don't think anyone of the court utilizes that portion of the building in their day-to-day.
You can have your free speech. The courts protect that. The statue comes into play the moment your free speech is determined to have the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty.
But again, protesting a judge or a court is a fool's errand, undertaken by simpleton fools. The courts do not answer to the people. The courts answer only to the Constitution. If the people have a problem they are to take it up with the Legislative branch of the government.
I think you could infer an intent to sway or influence a judge/justice/juror in almost any demonstration or protest specific to a particular case outside a courthouse where the case is going on or under consideration. But either way, per the statute such demonstrations are no more legal outside courthouses than in front of people's homes. Any protest that is legal outside a courthouse is legal outside homes, and any protest that is illegal at a house is illegal at a courthouse. There's no distinction or difference in standards.
And yes, judges are supposed to decide cases on the law and the facts before them and not be swayed by the popularity or unpopularity of the decision. However, I also think there's a fundamental right for Americans to assemble and express our displeasure with the people and institutions who hold and exercise power over us.
I don't disagree that, in my opinion, protesting on the steps of the courthouse could be viewed as having the intent of influencing... Again I wonder if (DOJ non-enforcement aside) if people get away with it at the SC because it's not the entrance used by the justices or the officers of the court? Line up next to the private entrance around back and I think you've certainly crossed the line.
But I'm not a cop, I don't work in any way enforcing, writing, or interpreting federal law.