Tilted Forum Project Discussion Community - View Single Post

nanofever · 01-18-2004, 09:40 PM

Quote:

Originally posted by Astrocloud
May 27, 2003

The Honorable John Ashcroft
Attorney General
Department Of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Dear Mr. Attorney General,

Respecting as we do the roles assigned to the Legislative and Executive Branches by the Constitution, we do not usually comment on pending individual prosecutions. But where important national policy issues are directly implicated in decisions to prosecute, we believe it is our responsibility to express our views. And we feel very strongly that the decision by your department to charge Brett Bursey under Section 1752 (a)(1)(ii) of Title 18 of the U.S. Code is greatly mistaken, and is in fact a threat to the freedom of expression we should all be defending.

Of course it is a primary duty of the Secret Service to protect the President, but there is no plausible argument that can be made that Mr. Bursey was threatening the President by holding a sign which the President found politically offensive. Mr. Bursey reports that he was told that he had to either put down his sign or leave the area – in other words, it was not his presence in the area but his presence holding a sign that was expressing a political viewpoint critical of the President that caused his arrest. The fact that Mr. Bursey was told to go to the “free speech zone” demonstrates how mistaken the Justice Department’s position is in this regard.

As we read the First Amendment to the Constitution, the United States is a “free speech zone”. In the United States, free speech is the rule, not the exception, and citizens’ rights to express it do not depend on their doing it in a way that the President finds politically amenable. It is extremely relevant that the State dropped the trespassing charges, and that the U.S. Attorney, Mr. Thurmond, then brought this serious charge. Perhaps the problem was trying to convict Mr. Bursey of trespassing when he was standing on public property and doing nothing unlawful. But the State’s decision to drop the charge should have been a model for the federal government, rather than an occasion for the federal government instituting a serious criminal prosecution of an individual whose “crime” was engaging in free speech outside of what law enforcement officials decided was the appropriate “zone”. We ask that you make it clear that we have no interest as a government in “zoning” Constitutional freedoms, and that being politically annoying to the President of the United States is not a criminal offense. This prosecution smacks of the use of the Sedition Acts two hundred years ago to protect the President from political discomfort. It was wrong then and it is wrong now. We urge you to drop this prosecution based so clearly on the political views being expressed by the individual who is being prosecuted.

Barney Frank

Ron Paul

John Conyers

James R. Langevin

Loretta Sanchez

Zoe Lofgren

Edward J. Markey

Howard L. Berman

Jerrold Nadler

Melvin L. Watt

William D. Delahunt

http://www.house.gov/frank/scprotester2003.html

I'm going to applaude Ron Paul for breaking party ranks and condeming this destruction of first amendment rights.