Tim Smith Case Study

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Congresswoman Giffords was shot in through the head in Tucson, Arizona. After the shooting, a panel of legislators passed the Elected Official Safety Act, a law to protect the safety of elected officials in a public (Skrentny). Governor Jerry Brown in Los Angeles was to give a public speech. However, it was interrupted by a young man named Tim Smith. He chose to attend the speech that day and make his way to the front, close in proximity to where Governor Brown was publically speaking. Secret service agents, at an undisclosed time, spot him and see that he is wearing a T-shirt that proclaims, “GOVERNOR BROWN IS IN OUR SIGHTS!” Additionally, under it there is a statement which “shows a picture of Brown with the image of the optical scope of a rifle superimposed over it” Furthermore, to drive home his intent and “point that he wants Brown out of office”, he distributes by hand to other people attending the speech “optical sights for rifles with the same slogan printed on them”, but “few people pay any attention to him” (Skrentny). Did any of defendant Tim Smith’s actions violate the Elected Official Safety Act? Did he infringe upon other people’s liberties or the California Penal Code §415, the law in Cohen v. California (1971)? Are these laws even valid or constitutional? These are the crucial questions in light of the present controversy. I, judge Sonny Wong, answer in the affirmative. In dealing with the whole of Tim Smith’s actions, he violates both acts and the laws are valid and constitutional.

First, consider the Elected Official Safety Act. One can argue against it, chastising and criticizing it by vitriolic attacks on its validity, especially based on how it was stated. However, as this opinion will show, those attacks a...

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...t. in Dimensions of Culture 2 Justice Ed. Valerie Hartouni, Robert Horwitz, and John Skrentny. University Readers, 2011. 225-229. Print.

Declaration of Independence.

“Gabrielle Giffords shooting: Frightening, twisted shrine in Arizona killer Jared Lee Loughner's yard.” NYDailynews.com NY Daily News.com 10 Jan. 2011. Web. 27 Feb. 2011.

“Gabrielle Giffords Shot: Congresswoman Shot in Arizona.” Huffingtonpost.com. TheHuffingtonPost.com, Inc. 22 Jan. 2011. Web. 27 Feb. 2011.

“Iraqi Throws Shoes At Bush During Press Conference” Huffingtonpost.com. TheHuffingtonPost.com, Inc. 14 Dec. 2008. Web. 27 Feb. 2011.

Skrentny, John. Paper 2: Lecture C. 15 Feb. 2011. Print.

United States v. O’Brien. 391 U.S. 367. U.S. Supreme Court. 1968. Rpt. in Dimensions of Culture 2 Justice Ed. Valerie Hartouni, Robert Horwitz, and John Skrentny. University Readers, 2011. 215-224. Print.

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