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Originally Posted by ngdawg
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.
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My name's already on lots of lists. For instance, I get mail every few weeks from the folks at Columbia House offering 12 CD's for the price of 1!
Seriously, putting someone on a list isn't illegal and might be prudent in some circumstances. However, saying that you wish someone was dead still isn't unprotected speach. I don't think that it passes the test of harrassment unless it is said in a threatening way (i.e. with gun in hand) or at such a high volume that it disturbs the peace. Remember the old addage that your right to swing your fist ends at the tip of my nose. I can say that I wish Paul Konerko was dead because he led those damn White Sox to a World Series, but unless I act on it or scream it at the top of my lungs in an inappropriate setting (i.e. in front of his house at 6 am as opposed to Wrigley Field during the Cubs/Sox game), there is nothing wrong with it. Sure, it may be in poor taste, but since when has poor taste been illegal. If it were, every fall the jails of East Tennessee would be full of overweight people dressed in a hideous shade of orange that just wanted to show their support for their colorblind team.
As much as I disagree with everything that he says and stands for, Phelps has the right to preach his hate from his church, his property, the courthouse steps, the street corner and any piece of public property. So long as he is not causing a dangerous situation by blocking traffic or impeding access to homes, businesses or anything else, he absolutely has the right to make his opinions known, no matter how distasteful they may be. I absolutely disagree with his methods and message, but he has the right to deliver what he has to say in the way that he's doing it. It is certainly distasteful in the extreme, but he's doing nothing illegal. If he does do something illegal, I'm the first one to applaud the cops as they haul him off, but I haven't heard of anything like that.
If you start making exceptions to the First Amendment because you don't like the message or the way it's delivered, where do you draw the line. Personally, I hate all the reruns of "The Nanny" because Fran Drescer has an annoying voice and the plotlines are insulting at their high points. They offend me. Why can't we outlaw them?
And xepherys, I'll absolutely support your right to wish me dead right up to the point that I spot you on my lawn with a knife or a gun. You can throw that fist around whereever you want so long as it infringe on my nose's right to occupy its space.