Supremes uphold conviction in landmark free speech case
Yesterday, the Supreme Court made a key decision which even federal officals admit will have major implications for free speech across the country.
With all eyes on the Alito confirmation non-aftermath, the Court hastily refused to hear the appeal of South Carolina activist Brett Bursey, the first and only person to be prosecuted under the statute governing "Threats to the President."
Bursey's crime? Four years ago, when President Bush came to Columbia, SC to whip up support for the Iraq war, Bursey -- a leader of the South Carolina Progressive Network -- inserted himself into the pro-Bush crowd with a sign saying "No more war for oil, don't invade Iraq."
For these unthinkable sentiments, Bursey was commanded to retreat to an Orwellian-named "free speech zone" or be charged with trespassing. As Bursey relates, "I told the police that I was in a free speech zone called the United States of America."
The trespassing charges were dismissed four months after the arrest, but the feds wouldn't have it. The Secret Service quickly moved to press the unprecedented "Threats to President" charges, and, after being refused a jury trial, Bursey was convicted and given a $500 fine.
Bursey could have gone the easy route and paid the money. Instead he and public interest lawyer Lewis Pitts appealed the decision, racking up thousands in legal bills to protest what they perceived to be a legal sham with national implications.
The charges and conviction made no sense from the start, as Bursey's team said in a statement Facing South received yesterday:
To pay his $500 fine, Bursey is asking 499 other citizens concerned about free speech to bring a dollar and join him at federal court to protest the decision (date to be announced).
You can make a donation to Free Speech Fund of the Progressive Network here or by calling 800-849-1803. You can find updates on the case here.
With all eyes on the Alito confirmation non-aftermath, the Court hastily refused to hear the appeal of South Carolina activist Brett Bursey, the first and only person to be prosecuted under the statute governing "Threats to the President."
Bursey's crime? Four years ago, when President Bush came to Columbia, SC to whip up support for the Iraq war, Bursey -- a leader of the South Carolina Progressive Network -- inserted himself into the pro-Bush crowd with a sign saying "No more war for oil, don't invade Iraq."
For these unthinkable sentiments, Bursey was commanded to retreat to an Orwellian-named "free speech zone" or be charged with trespassing. As Bursey relates, "I told the police that I was in a free speech zone called the United States of America."
The trespassing charges were dismissed four months after the arrest, but the feds wouldn't have it. The Secret Service quickly moved to press the unprecedented "Threats to President" charges, and, after being refused a jury trial, Bursey was convicted and given a $500 fine.
Bursey could have gone the easy route and paid the money. Instead he and public interest lawyer Lewis Pitts appealed the decision, racking up thousands in legal bills to protest what they perceived to be a legal sham with national implications.
The charges and conviction made no sense from the start, as Bursey's team said in a statement Facing South received yesterday:
The statute requires that secure areas be clearly marked and entrance restricted. Secret Service and State Law Enforcement Agents acknowledged that there were other people in the area when Bursey was arrested and trial testimony made it clear that the area was not restricted according to the law.It's no exaggeration to say the Supreme Court's decision to let the conviction stand sets a dangerous precedent. A Secret Service official in South Carolina, Neal Dolan, admitted as much in Charleston last year when he declared that "If Bursey's prosecution holds, we have another dozen cases" across the country.
"The courts allowed the Secret Service to pick Mr. Bursey out of a crowd because he was opposed to the President's pending war with Iraq," Pitts said. "This is a disturbing precedent that will limit the First Amendment rights of all Americans."
To pay his $500 fine, Bursey is asking 499 other citizens concerned about free speech to bring a dollar and join him at federal court to protest the decision (date to be announced).
You can make a donation to Free Speech Fund of the Progressive Network here or by calling 800-849-1803. You can find updates on the case here.
8 Comments:
the very definition of "police state" here... scary shite!
Why don't we get a congressman or senator to introduce a bill that declares every square inch of the united states a "free speech " zone???? Probably because these bought and paid for whores would never stand for it!!! LOL!!! There needs to be a gigantic gallows built in DC for these whores real soon.
It sickens me every time I tune in to the political channels to hear our "elected" representatives referring to one another as the "honorable" Mr. or Ms. so and so, or the "esteemed" Mr. or Ms. so and so when the reality of the situation is that they are for the most part scumbags of the lowest sort.
In Bush's words, "the terrorists hate our freedoms." Who? With our own government taking the steps it has demonstrates they are the one's who have issues with freedom. Furthermore, the terrorists never put a claim against our freedom.
I do not understand how "Threats to President" charges could be upheld when apparently there were no threats stated or did he make a direct threat to the president? Iam not an attorney, but either Bursey's lawyer was unprepared or some statute exists in the law which allows his conviction to be upheld or it was a bogus case. (and the republicans rant about frivolous lawsuits!!).
Without all the information surely there must be a solid case against Bursey depending on what grounds he was found guilty. Otherwise if the charges were tenable it makes it that much more difficult to grasp why this ever went to court in the first place...
We need to know if simply disagreeing with bush is now considered to be a threat, punishable by law.
It seems everyday our freedoms come that much closer to being annihilated.
As long as the public remains silent it will continue to get worse. Bush accomplishes minimizing freedom in increments as opposed to one big swoop. It is less noticeable that way!
LAAA, LAAA...
"Don't Know Much about
His-torr-ee, don't know much about Bi-ol-o-gee..."
A History Revisit...
The Constitution of the Republic.
On July 31, 1919, a democratic constitution was adopted by the National Assembly of the Weimar Republic. It bore the democratic features of the British, American, and French constitutions, but
the autocratic traits of the German political tradition were also preserved.
The Structure of the Constitution.
(a) For the expression of popular CIVIL RIGHTS, the Constitution GUARANTEED to all Germans such fundamental rights as equality before the law, FREEDOM OF SPEECH and association, and freedom of belief. It was the first time in German history that the Germans had genuine DEMOCRACY.
(b) For the EXPRESSION of POPULAR POLITICAL RIGHTS, the Constitution provided for a truly democratic political system for the Germans.
The HEAD OF the STATE was THE PRESIDENT. He was to be elected by direct vote of the people for a term of seven years, after which he was eligible for re-election. In ordinary circumstances, he did
not take up administrative duties (but in
TIMES OF EMERGENCY he was given SPECIAL EMERGENCY POWERS to SUSPEND the CONSTITUTION, to dissolve the Reichstag and to
ISSUE DECREES.
(a) In times of emergency, the German President had too much power. He could suspend the Constitution and use the armed forces to suppress his political opponents. In the 1930's when
HITLER BECAME PRESIDENT, he made use of these PRESIDENTIAL POWERS to DESTROY THE REPUBLIC.
why couldn't this guy get a jury trial? What jury is going to convict some-one of threating the President when no threats were said.
I hope he can get 4999 people to attend and pay a dime each!
Why should he pay anything?
If he wasn't willing to pay the fine when the mess started, he ought to be willing to not pay the fine now and go to jail and get this case a little more press.
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