Ater Disturbing the Peace, Why do Riotous Demonstrators get off so easy?
I have been wondering why police don’t charge demonstrators with sedition or treason, I was floored when I found out why we can’t do that. You will be too. Ever wonder why the arrests rarely amount to jail time? I’ll give you the short answers.
Riotous behavior is not new, although seeing it often on the news makes us think it might be. It’s good Television and gives a stack of stuff for the talking heads to ramble on about. But there is something about these protests. They are organized by patriotic America’s enemies, and many times have paid agitators added into the mix. Professional speakers inciting protestors, behavior for even better TV. A burning car, broken windows, destroying light polls and dumpsters, building fires in the middle of the streets and burning our Flag. It was interesting at the beginning, it is becoming pitiful. It seems getting paid to have fun for the protestors is going be with us until we figure out how to stop it. Let’s thank our failed education system for it.
Wikipedia definition of Free Speech = Freedom of speech and expression are not absolute, and common limitations to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.
Our Education System is about to Change
Our education system has failed an entire generation of children, They see nothing wrong with what they are doing. They see nothing wrong with them having the right to free speech while denying and being disruptive it to others trying to speek. They are even encouraged to have Fun while disrupting and denying others free speech. They are being egged on by the entire left machine, including politicians, celebrities, and the MSM. How could you trust any of these people? They have no honor, no morals, and they will lie at the drop of a hate.
President Trump based his Immigration executive order on “EXISTING LAW”, it not just an opinionated difficult announcement. It is already current Law and Trump will enforce it. Get used to it. He is going to be the Law and Order President.
Here is what we all wanted to happen
“According to the Cornell University Law School”
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
There is a Reason we can’t use these laws, they are no longer laws?
18 U.S. Code § 2391 – Repealed. Pub. L. 103–322, title XXXIII, § 330004(13), Sept. 13, 1994, 108 Stat. 2142]
Disturbing the Peace
the following is a republish from Find Law
Here is what we are currently left to work with, it sounds lame, but with proper enforcement, it can stop the riotous, violent protestor behavior. Maybe. At least it would drive their protester fees up, Soon they’d be out of business. Sincere protests are good for everyone, but lying about what they are protesting about is just plain stupid.
Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of disorderly conduct, such as fighting or causing excessively loud noise. When a person’s words or conduct jeopardizes another person’s right to peace and tranquility, he or she may be charged with disturbing the peace.
What Constitutes Disturbing the Peace?
Disturbing the peace laws exist to prevent people from disturbing the peace of others while they are tending to their daily business and personal affairs. These laws vary from state to state, but they typically prohibit:
- Fighting or challenging someone to fight in a public place;
- Using offensive words in a public place likely to incite violence;
- Shouting in a public place intending to incite violence or unlawful activity;
- Bullying a student on or near school grounds;
- Knocking loudly on hotel doors of sleeping guests with the purpose of annoying them;
- Holding an unlawful public assembly;
- Shouting profanities out of a car window in front of a person’s home over an extended period of time;
- Allowing excessive dog barking in a residential area; and
- Intentionally playing loud music during the night that continues, even after a fair warning.
- In most states, the person’s conduct must have been on purpose (willful) or with bad intent (malicious). It is not enough that a person engaged
- in conduct that merely annoyed, harassed, or embarrassed someone else. If fighting was involved, it must have been unlawful, and not in self-defense or the defense of others.
It harder than you think to prosecute a case of disturbing the peace.
To determine guilt, courts look at the particular circumstances of each case. Some of the factors a judge may consider include the location, time, place, words, actions, and the person spoken to or touched (for example, a police officer, teacher, student, relative or passerby).
Common actions that do not constitute disturbing the peace can include:
- Engaging in horseplay
- Simply embarrassing someone
- Merely annoying someone
- Accidentally bumping into someone; and
- Giving someone a gesture such as the middle finger, (sometimes even against a police officer).
- However, even if a person’s actions are non-violent, criminal liability can still apply if they are likely to incite violence or public disorder.
Penalties and Punishment
Disturbing the peace is a misdemeanor criminal offense. Depending on the jurisdiction, violators could face some jail time, fines, or other alternative sentences such as community service. First-time offenders may be able to avoid jail time depending on the circumstances of their cases.
What Can a Victim Do? Joining in can make you liable!
Ask Them to Stop the Behavior
If the perpetrator is a neighbor or person you know, and you do not feel physically threatened or in potential harm, you might explain that their conduct is problematic and ask him or her to stop the behavior. Should the situation escalate, you should remove yourself immediately.
Contact the Police
If the harm continues or if there is an imminent danger (such as fighting), you may want to contact the police. A person who disrupts the peace is often given a fair warning by police, followed by enforcement actions, if needed. In most cases, merely involving the police can stop the disruptive behavior altogether.
Contact a Lawyer
Finally, if none of the above actions help, you can consider contacting an attorney. In addition to violating disturbing the peace laws, disruptive behavior may also violate private nuisance laws, in which case, filing a civil lawsuit could help to end the disruptive behavior.
Defenses to Disturbing the Peace
Disturbing the peace is a subjective charge. This means that police have broad discretion to apply it to many types of disruptive behavior. Generally, defenses fall into two categories: (1) “I didn’t do it”; or (2) “I did it, but I had to” (as in self-defense or reasonable defense of others). There is also the possibility that your actions fall under the protection of the First Amendment right to free speech. Lastly, your actions could also fall short of the type of peace disturbing conduct prohibited by law.
Other offenses related to disturbing the peace include public intoxication, disorderly conduct, indecent exposure, and public nuisance, which can be charged in addition to disturbing the peace. Additionally, conduct prohibited by disturbing the peace laws may expose the perpetrator to civil liability in a private nuisance lawsuit as discussed above.
Larger Criminal Charges
Because of the broad nature of a disturbing the peace charge, it’s often included among more serious crimes, such as prostitution, battery, domestic violence, or other criminal threats. Often, when a person is arrested for one of these greater offenses, they are also charged with the lesser offense of disturbing the peace.
Facing Charges? Get a Free Initial Evaluation of Your Case
Disturbing the peace charges can arise in a variety of situations. Regardless of the situation, it’s important to realize that even if you’ve been accused of disturbing the peace, you have the right to defend yourself, at trial if needed. Before making any decisions, however, you should consult with an experienced criminal defense attorney for an honest assessment of your case.
I’ve often wondered why protesters are allowed to protest wherever they want to? Why not give them a designated area and allow no media to cover the event?
Why are they allowed to block our streets, disrupt social order, destroy property, and hurt others? For the safety of our citizens and property owners there needs to be a solution. Real Americans are losing patience with the Alt-American’s behavior.
They have no legitimate beef. President Trump is following existing laws, and he’s no racist, and he doesn’t hate. They don’t seem to care about the law or the truth. This is going to be a long eight years for them. To bad.
Comments about how to fix this are welcome below.