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Carrying a sign "wishing" death upon someone at a political event is a far cry from making a statement such as, "I am going to kill the president. It is protected speech.<BR>
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Like the old saying goes, "Sh*t in one hand, wish in the other and see which one gets filled faster.<BR>
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> Date: Thu, 13 Aug 2009 18:11:58 -0700<BR>> Subject: Re: [Vision2020] 'Death to Obama' Sign Holder Detained<BR>> From: thansen@moscow.com<BR>> To: bear@moscow.com<BR>> CC: fotopro63@hotmail.com; vision2020@moscow.com<BR>> <BR>> Then . . . you feel it to be constitutionally sound to threaten the lives<BR>> of not only the president, but the president's spouse and children in a<BR>> public venue?<BR>> <BR>> This is NOT a general statement, like "All right-wing pukes should die". <BR>> These are threats to specific individuals.<BR>> <BR>> Tom Hansen<BR>> Moscow, Idaho<BR>> <BR>> <BR>> <BR>> > Kai / Tom,<BR>> ><BR>> > I'm on the side that says is IS within his rights to say it. ALSO, I<BR>> > disagree with the SOB, but I'm willing to defend his right to say it.<BR>> > Only when we can stand up and defend the right of some one that gets<BR>> > up and says something we find morally aborant, can we really say we<BR>> > have free speech.<BR>> ><BR>> ><BR>> ><BR>> ><BR>> ><BR>> > Wayne<BR>> ><BR>> ><BR>> ><BR>> ><BR>> > On Aug 13, 2009, at 5:48 PM, Kai Eiselein wrote:<BR>> ><BR>> >> As a matter of fact, I do believe he was within his First Amendment<BR>> >> rights. (Note: I DO NOT agree with the sign.)<BR>> >><BR>> >><BR>> >> THREATS AGAINST PRESIDENT<BR>> >> 18 USC 871, makes it a Federal crime or offense for anyone to<BR>> >> willfully make a true threat to injure or kill the President of the<BR>> >> United States.<BR>> >><BR>> >> A person can be found guilty of that offense only if all of the<BR>> >> following facts are proved beyond a reasonable doubt:<BR>> >><BR>> >> First: That the person uttered words alleged to be the threat<BR>> >> against the President;<BR>> >><BR>> >> Second: That the person understood and meant the words he used as a<BR>> >> true threat; and<BR>> >><BR>> >> Third: That the person uttered the words knowingly and willfully.<BR>> >><BR>> >> A "threat" is a statement expressing an intention to kill or injure<BR>> >> the President; and a "true threat" means a serious threat as<BR>> >> distinguished from words used as mere political argument, idle or<BR>> >> careless talk, or something said in a joking manner.<BR>> >><BR>> >> The essence of the offense is the knowing and willful making of a<BR>> >> true threat. So, if it is proved beyond a reasonable doubt that the<BR>> >> person knowingly made a true threat against the President, willfully<BR>> >> intending that it be understood by others as a serious threat, then<BR>> >> the offense is complete; it is not necessary to prove that the<BR>> >> person actually intended to carry out the threat.<BR>> >><BR>> >> Get your vacation photos on your phone! Click here.<BR>> >> =======================================================<BR>> >> List services made available by First Step Internet,<BR>> >> serving the communities of the Palouse since 1994.<BR>> >> http://www.fsr.net<BR>> >> mailto:Vision2020@moscow.com<BR>> >> =======================================================<BR>> ><BR>> > =======================================================<BR>> > List services made available by First Step Internet,<BR>> > serving the communities of the Palouse since 1994.<BR>> > http://www.fsr.net<BR>> > mailto:Vision2020@moscow.com<BR>> > =======================================================<BR>> <BR>> <BR>> "The Pessimist complains about the wind, the Optimist expects it to change<BR>> and the Realist adjusts his sails."<BR>> <BR>> - Unknown<BR>> <BR>> <BR><BR><br /><hr />Windows Live™: Keep your life in sync. <a href='http://windowslive.com/explore?ocid=PID23384::T:WLMTAGL:ON:WL:en-US:NF_BR_sync:082009' target='_new'>Check it out.</a></body>
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