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Originally Posted by The_Jazz
Xeprerys, those are some very interesting points. I'm sure that when SCOTUS sees any statutes of this nature, they are going to look at exactly what you've outlined. Given the current makeup of the court, you might well be right on all of these point.
Your last point isn't valid, though. Wishing someone dead isn't illegal, even if you say it about the President. Saying that you're the one who is going to do it is another story altogether, but wishing someone dead is completely within your rights. It is not illegal, nor should it be. It is an expression of belief, similar to saying that you wished someone would not participate in a discussion. Where do you draw the line?
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Wishing in your head isn't illegal. Put "I wish the President would die" or I hope NG dies" on a sign and parade around and see how quickly your name gets put on a 'list'. There's a very larger difference between believing something and acting on it. If Phelps wants to preach his hate, he is certainly within his rights to do so in his own church/property. When he takes it outside and points it at another, the story changes.
As for the possibility of violence mentioned earlier, part of Patriot Guard's mission is to avoid it always and in fact are there partly to ensure it does not happen-any violence that would occur would not be from them. They are there for the sole purposes of blocking the sight of protesters from the mourning families and pay respects to a fallen soldier. From what I've been able to ascertain regarding these new laws, PGR, unlike Phelps and his crew, will not be breaking them as they are invited.