[Vision2020] 'Death to Obama' Sign Holder Detained

[Wayne Price]

Kai / Tom,

I'm on the side that says is IS within his rights to say it. ALSO, I  
disagree with the SOB, but I'm willing to defend his right to say it.
Only when we can stand up and defend the right of some one that gets  
up and says something we find morally aborant, can we really say we  
have free speech.





Wayne




On Aug 13, 2009, at 5:48 PM, Kai Eiselein wrote:

> As a matter of fact, I do believe he was within his First Amendment  
> rights. (Note: I DO NOT agree with the sign.)
>
>
> THREATS AGAINST PRESIDENT
> 18 USC 871, makes it a Federal crime or offense for anyone to  
> willfully make a true threat to injure or kill the President of the  
> United States.
>
> A person can be found guilty of that offense only if all of the  
> following facts are proved beyond a reasonable doubt:
>
> First: That the person uttered words alleged to be the threat  
> against the President;
>
> Second: That the person understood and meant the words he used as a  
> true threat; and
>
> Third: That the person uttered the words knowingly and willfully.
>
> A "threat" is a statement expressing an intention to kill or injure  
> the President; and a "true threat" means a serious threat as  
> distinguished from words used as mere political argument, idle or  
> careless talk, or something said in a joking manner.
>
> The essence of the offense is the knowing and willful making of a  
> true threat. So, if it is proved beyond a reasonable doubt that the  
> person knowingly made a true threat against the President, willfully  
> intending that it be understood by others as a serious threat, then  
> the offense is complete; it is not necessary to prove that the  
> person actually intended to carry out the threat.
>
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