Congress Passes Bill Severely Curtailing First Amendment Liberties

WRITTEN BY JOE WOLVERTON, II

THURSDAY, 01 MARCH 2012
A bill has just passed the House and the Senate that criminalizes protests anywhere near the presence of a designated government official. On Monday, the U.S. House of Representatives voted nearly unanimously (388-3) in favor of H.R. 347, the Federal Restricted Buildings and Grounds Improvement Act of 2011.

As part of this legislation, Congress expressly forbids trespass onto the grounds of the White House. Many likely believe that such a law already existed and they are right. The controversial aspect of this bill’s restatement of that statute is that it expands the scope of the federal government’s authority to bring charges against those deemed trespassers at any location placed provisionally under the jurisdiction of the Secret Service.

The present state of the law prosecutes White House trespassers under a local Washington, D.C. ordinance. Prior to this latest federal action, violation of this ordinance was a misdemeanor.

Under HR 347, however, the Congress endows itself with the unbounded power to impose federal criminal charges on not only those who enter the White House grounds without prior permission, but on anyone who participates in protests at or near a location falling within the greatly enlarged scope of this new prohibited zone.

The situation is serious and is a legislative end-around the First Amendment’s protection of the right to assemble and the right to speak freely. A story at RT.com accurately sets the scene:

The new legislation allows prosecutors to charge anyone who enters a building without permission or with the intent to disrupt a government function with a federal offense if Secret Service is on the scene, but the law stretches to include not just the president’s palatial Pennsylvania Avenue home. Under the law, any building or grounds where the president is visiting — even temporarily — is covered, as is any building or grounds “restricted in conjunction with an event designated as a special event of national significance."

Section (c) of the act defines the key phrase “restricted buildings” as follows:

"[R]estricted buildings or grounds" means any posted, cordoned off, or otherwise restricted area —

(A) of the White House or its grounds, or the Vice President's official residence or its grounds;
(B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or
(C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance

Under the terms of the existing law amended by this act, the Department of Homeland Security is tasked with deciding which events will qualify as being of “national significance.”

CONTINUED:
http://thenewamerican.com/usnews/constitution/11043-congress-passes-bill-severely-curtailing-first-amendment-liberties