RICO use against protesters is shut down by Supreme Court!

[**DONOTDELETE**]

http://www.foxnews.com/story/0 (http://www.foxnews.com/story/0,2933,79640,00.html)

[ QUOTE ]

The Supreme Court ruled Wednesday that a federal racketeering law
was improperly used to punish aggressive anti-abortion protesters, a major victory for
people who regularly block clinic doors.

The court's 8-1 ruling applies to protests of
all sorts, not just at clinics.

Chief Justice William H. Rehnquist, writing
for the majority, said that when protesters
do not "obtain" property, they cannot be
punished for civil disobedience with the
federal Racketeer Influenced Corrupt
Organizations Act, an anti-racketeering law.

The court's ruling is a victory for Operation
Rescue, anti-abortion leader Joseph
Scheidler and others who were ordered to
pay damages to abortion clinics and
barred from interfering with their
businesses for 10 years.

Rehnquist said that their political activity
did not qualify as extortion.


[/ QUOTE ]

[Timberwolf]

This is good news...although, when I read that Martin Sheen was hoping for this outcome, I got chills up & down my spine...

btw - ya need to fix your link...

[Venus]

This is a perfect example of the two-way street of rights the BoR represents.

If the plaintiffs in this case had been American Communist Party members protesting outside the EIB Netwrok building the sentiments would be different.

I'd say that, at least for once, Sheen did not display the rampant, abject hypocrisy of his idiotic Hollyweird brethren.

[DeclinetoState]

[ QUOTE ]
Timberwolf said:
This is good news...although, when I read that Martin Sheen was hoping for this outcome, I got chills up & down my spine...

btw - ya need to fix your link...

[/ QUOTE ]

This link should work: Supreme Court Rules for Abortion Protesters (http://www.foxnews.com/story/0,2933,79640,00.html)

[HarvickFan29]

As far as I'm concerned, this is another birthday present and one for all Americans who do not want their first amendment rights restricted in this way.

I'd say that, at least for once, Sheen did not display the rampant, abject hypocrisy of his idiotic Hollyweird brethren.

Hi Venus, we've all seen how the hate-America crowd has recently toned down their rhetoric drastically. I think they are realizing that they look like radical extremists who would do anything as long as it is against the current administration.

BTW, I did see Sheen on t.v. talking about how he is anti-war/pro-life (as it relates to the war). So, he is a hypocrite in the regard that he thinks it okay to kill our own babies in the womb but against going to war to kill a murdering scumbag.

[**DONOTDELETE**]

The decision apparently hinged on the definition of what 'extortion' means, and it is distinct from 'coersion' in that an extortion includes obtaining the property involved, and the pro-life group has obtained no property.

Justice Stephens' dissent argues that this is too narrow an interpretation of 'obtain'.
[ QUOTE ]

For decades federal judges have uniformly given the term "property" an expansive construction that encompasses the intangible right to exercise exclusive control over the lawful use of business assets. The right to serve customers or to solicit new business is thus a protected property right. The use of violence or threats of violence to persuade the owner of a business to surrender control of such an intangible right is an appropriation of control embraced by the term "obtaining." That is the commonsense reading of the statute that other federal judges have consistently and wisely embraced in numerous cases that the Court does not discuss or even cite. Recognizing this settled definition of property, as I believe one must, the conclusion that petitioners obtained this property from respondents is amply supported by the evidence in the record.

Because this construction of the Hobbs Act has been so uniform, I only discuss a few of the more significant cases. For example, in United States v. Tropiano, 418 F.2d 1069 (1969), the Second Circuit held that threats of physical violence to persuade the owners of a competing trash removal company to refrain from soliciting customers in certain areas violated the Hobbs Act. The court's reasoning is directly applicable to these cases:


[/ QUOTE ]

But even in J Stephens' reference, a gain is obtained by the extortionist in the form of gaining business. Since the pro-life groups are not gaining the lost business of abortions from the clinics they targetted, i cannot see how Stephens' argument applies. Pro-life groups are not business compettitors with abortion clinics.

Just more Leftist humbuggery, IMNSHO.

[PeteS_in_CA]

Don't you love how the pro-abortionists admitted that their claim to stand for women's rights is a sham, and that they are just out to make $$?

This article has a quote from PP's prez that is interesting ( http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200302\NAT2003 0226c.html ):

[ QUOTE ]
Gloria Feldt, president of Planned Parenthood Federation of America, expressed disappointment at the verdict, but vowed to "not allow it to be a green light for anti-choice terrorists."

"Planned Parenthood will use the federal Freedom of Access to Clinic Entrances Act (FACE) and every other legal tool to protect our patients, staff and volunteers from harassment and terrorism," Feldt stated. "We remain steadfast in our commitment to every woman's human and civil right to make her own decisions about childbearing."

[/ QUOTE ]

What a hysterical loon!

[dajoga]

[ QUOTE ]
The court's 8-1 ruling applies to protests of
all sorts, not just at clinics.

[/ QUOTE ]

8-1 makes it pretty clear this wasn't an ideological vote--that NOW was WAY out of line in going after clinic protestors. Some NAG was just on O'Reilly trying to soft-pedal SCOTUS decision by saying they were just removing an outdated ruling.

BTW, I wonder if Stevens (lone dissent) knew he was gonna be the odd-man-out before the vote?

[DesertFox]

at least for once, Sheen did not display the rampant, abject hypocrisy of his idiotic Hollyweird brethren

Give him time. He'll come around to their way of 'thinking.'

[DeclinetoState]

Planned Parenthood's discussion:

2003
National Organization for Women v. Scheidler ("Scheidler II")
537 U.S. 393
Nature of Case: National Organization for Women (NOW) sought to use the federal Racketeer Influenced and Corrupt Organizations (RICO) Act to sue anti-abortion organizations that engage in unlawful blockades and other harassment against reproductive health clinics. The RICO Act, established in 1970 as a tool against organized crime, punishes "enterprises" that engage in a "pattern of racketeering." NOW argued that RICO is applicable because the unlawful actions constituted a nationwide conspiracy to eliminate access to abortion by using extortion and intimidation to drive the clinics out of business. After the Supreme Court held the suit could proceed even if the anti-abortion groups were not economically motivated (see 1994 ruling), the case was remanded to the lower courts for further proceedings. A jury found defendants had violated RICO by committing extortion, and the district court entered a permanent nationwide injunction prohibiting defendants from threatening clinics, their employees, or their patients. Defendants appealed on the basis that they did not commit extortion because they did not obtain anything of value for themselves by interfering with the provision of medical services.
Holding: The Supreme Court reversed, finding that because defendants did not acquire property, their actions were not extortion. Therefore, the jury's finding of a RICO violation was erroneous and the injunction was reversed.
http://www.plannedparenthood.org/library/ABORTION/majorus.html

[Rink]

Its funny in the 60's left-wing demonstrators blockaded and took over college campus offices, and thats ok, today we have anti-war demonstrators going out en-masse and blockading entire streets, bridges and more and causing mayhem and tying up traffic and THAT is ok, but Human forbid anti-Abortion protestors have the same right to protest as the selfish left gets to.

They get RICO used against them in force.

Rico isnt used against the left tho, they pass the smell test i guess.

[Republican_Legion]

sounds good , when i start going to church more i think i wanna organize some anti-abortion protests without the fear of the being jailed .