The First Amendment Needs a Rape Kit

by Wendy McElroy
Mar. 13, 2012

The newest attack of vague language is aimed at your 1st Amendment rights of Freedom of Speech, Freedom of Assembly and Freedom to Petition. It is found in the pending legislation of H.R. 347.… As currently worded, it might as well have been called the “Federal We’re Too Important To Be Annoyed By Your Protest Act of 2011.”

— Gene Howington

The Federal Restricted Buildings and Grounds Improvement Act of 2011 (PDF) may sound like a landscaping measure, but it is also being called the Trespass Bill, the Anti-Occupy Bill, and the First Amendment Rights Eradication Act. Under this bill, it is a felony to protest at or in the vicinity of a venue or event that is attended by anyone who has Secret Service protection. H.R. 347 passed the House on February 27th by a vote of 388–3. The Senate version (S. 1794) passed unanimously. With President Obama's signature, the Act became law on March 8.

The bill has caused a furor among advocates of civil liberties. Justin Amash, one of the three “no” votes in the House, dubbed the bill the “First Amendment Rights Eradication Act.” Calling it “this administration's latest assault on our civil liberties,” he explains on his Facebook page that “criminalizing legitimate First Amendment activity — even if that activity is annoying to those government officials — violates our rights.”

The left-leaning Daily Kos states, “Protesting will be a felony — where is the outrage?”

Meanwhile, the bill is being ignored by the mainstream media as uncontroversial. Supporters of the act dismiss its critics as hysterical or ill-informed. Michael Mahassey, the communications director for Rep. Thomas J. Rooney, who sponsored H.R. 347, called the backlash, "a whole lot of kerfuffle over nothing. This doesn’t affect anyone’s right to protest anywhere at any time. Ever.”

Who is correct? And why is there such a deep schism on H.R. 347?

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