The main problem is that this law violates the shit out of the  1st
amendment...

-----Original Message-----
From: Jerry Barnes [mailto:[email protected]] 
Sent: Tuesday, March 06, 2012 5:46 PM
To: cf-community
Subject: Re: Does H.R. 347 Change Anything About Your Right to Protest
Politicians Under Secret Service Protection? It's All In the Word Change.


"Uh, i don't get it. If they are changing "willfully" and "knowingly" to
just "knowingly"...how does that change anything?  In your example, the
person did NOT "knowingly" break the law, so they still wouldn't be
charged....rig"

Not my example.  It comes from the article.  The article contains some
legalese that is hard to parse.

Here's an example (from the article) trying to differentiate between
willfully and knowingly. It comes from the case U.S. v. Bursey.

Brett Bursey was convicted in early 2004 - after a bench trial conducted by
a magistrate judge in the District of South Carolina - of willfully and
knowingly entering and remaining in a posted, cordoned off, or otherwise
restricted area where the President was temporarily visiting

As the Bryan Court observed... for a defendant to have acted willfully, he
must merely have "acted with knowledge that his conduct was unlawful."...we
focus our discussion on whether Bursey "willfully" violated the Statute,
because, generally, "[m]ore is required" with respect to conduct performed
willfully than conduct performed knowingly... requires "more culpable" mens
rea than knowing violation).As a general proposition, the statutory term
"knowingly" requires the Government to prove only that the defendant had
knowledge of the facts underlying the offense

I see that  the main problem is that law is fuzzy.  The change makes it even
easier to black bag someone nothing is the law is less well defined.

J

-

Those who would give up Essential Liberty to purchase a little Temporary
Safety, deserve neither Liberty nor Safety. - Benjami



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