Re: assuming without proof
Larry434 wrote:Restricted areas around the President when he appears in public are pre-established in cooperation with local authorities by the advance detail of the Secret Service. The boundries of the restricted ares will vary from location to location, and they are enforced by the local authorities in concert with the Secret Service. Access to the restricted area is strictly controlled to protect the President. It is not likely anyone holding derogatory signs or shouting hateful words at the President would be admitted. Those doing so are first told to leave the restricted area, when they don't they are arrested and charged with violation of the restricted area around the President.
Again, due process requires notice. Whenever a "restricted area" is established, the boundaries of said "restricted area" must be known. If you paid attention to the federal law and regulations that I previously posted, there must be a place of ingress and egress to the "restricted area." ONLY people authorized by the regulations are allowed to enter the "restricted area."
See the
Justice Department -- Criminal Resource Manual
Quote:Section 1752 of Title 18 provides for the exercise of Federal jurisdiction over disorders and misconduct in relation to Presidential residences, offices, and areas designated by the Secretary of the Treasury and restricted by regulations. It applies to any residence where the President may be located for any period of time, however brief in duration, provided the Secret Service is aware of the President's location. In the absence of such a designation by the Secretary of the Treasury, notice of such protected areas may be given by the posting of signs, cordoning off of the restricted area, or other forms of notice.
In order to comply with the requirements of the law -- you have to have NOTICE concerning the boundaries of the alleged "restricted area." The area must be posted, cordoned off, or designated as restricted through some other form of notice.
Bursey contends his First Amendment rights were trampled because
police would not tell him the boundaries of the restricted area. Bursey twice moved farther from the hangar where Bush spoke, but police insisted that protesters go only to the demonstration area, Bursey testified.
The government refused to give Bursey NOTICE of the boundaries of the
alleged "restricted area." I call it an alleged restricted area because all members of the public were allowed to stand or travel about and through the area. Only people with anti-Bush Administration signs were targeted and instructed to leave.
Bursey wasn't instructed to leave the "restricted area." Instead, he was instructed to go the designated demonstration zone. He wasn't arrested because he refused to leave a restricted area (the boundaries of which were unknown); he was arrested because he refused to go to the demonstration zone about a half-mile from where Bush addressed supporters in Doolittle hangar.
Bursey was deprived NOTICE of the boundaries of the alleged "restricted area." Thus, the law was unconstitutionally applied to him in violation of his due process rights and his right to free speech.
