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As a matter of fact, I do believe he was within his First Amendment rights. (Note: I DO NOT agree with the sign.)<BR>
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THREATS AGAINST PRESIDENT <BR>
18 USC 871, makes it a Federal crime or offense for anyone to willfully make a <STRONG>true threat</STRONG> to injure or kill the President of the United States.<BR><BR>A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:<BR><BR>First: That the person uttered words alleged to be the threat against the President;<BR><BR>Second: That the person understood and meant the words he used as a 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 the President; and a <STRONG>"true threat" means a serious threat as distinguished from words used as mere political argument,</STRONG> idle or careless talk, or something said in a joking manner.<BR><BR>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.<BR><br /><hr />Get your vacation photos on your phone! <a href='http://windowsliveformobile.com/en-us/photos/default.aspx?&OCID=0809TL-HM' target='_new'>Click here.</a></body>
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