Memo to Cheney: bone up on First and Fourth Amendments

[jurph]

via Andrew Sullivan:

A Colorado man approached the VP Cheney, said something to the effect of "I find your policies in Iraq reprehensible," and for daring to exercise his free speech in a non-approved manner, was arrested. Charges were later dropped, but for speaking his mind in public, he was forced to go to court. The Colorado man, it turns

Comments

[roninspoon]

This isn't the first time. When Cheney was on site touring the Katrina aftermath, a man approached off camera during a press conference and said "Go fuck yourself Mr. Cheney!". You can hear a brief scuffle afterwards and as I recall, the fellow was arrested. They justify these actions by claiming that insults are threatening, and since it's illegal to threaten the VP, it's therefore illegal to insult him. This is, of course, bunk.

[jurph]

I believe the Denver claim was also "assault," but the man who spoke up in Denver had his seven-year-old son with him and did not use any harsh language. He simply stated that he disagreed with Cheney's policy. This is the most polite and restrained example of dissent I can think of -- precisely the manner of dissent the founders intended when they wrote the First Amendment.

Also: mad props to the man for being such an amazing role model for his son. Eleven years from now we'll have another libertarian on the voter rolls.

[roninspoon]

Those who rule by fear and ignorance find dissent in any form threatening.

[jes5199]

That sort of law varies wildly from state to state...
I just read through:
18-3-202. Assault in the first degree.
18-3-203. Assault in the second degree.
18-3-204. Assault in the third degree.
on http://www.loc.gov/law/guide/us-co.html

and Colorado law has a very very narrow definition of "assault" that only includes bodily harm.
Let me quote 3rd degree, since it is the least criminal of the set, and has relatively short statute:

A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

[jes5199]

they were approached by Secret Service agent...who asked Howards if he had "assaulted" the vice president. Howards denied doing so, but was nonetheless placed in handcuffs and taken to the Eagle County Jail.

This is why I was interested in Assault as a crime, but I agree, it may not be relevant. There's also a mention of "a summons for harassment"

But really, none of the state law may be relevant: no charges were filed.