The Brady Sisters Defense Case Analysis

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Two Utah sisters, Marcia and Jan Brady posted a message on Facebook in support of anti-globalization and anti-genetically organism (GMO) activists against McDonalds restaurants, who had incited riots in Europe. The sister’s message, sent to over 500 “friends”, asking them to join the sisters in two days at 10 p.m. at a McDonalds near the sister’s apartment for a “night of riot, pillage, and fun”. A secondary message was sent out asking the participants to bring items that could be used as weapons or cause property damage. However, one of the “friends” that the message was sent to, turned the postings over to the Salt Lake Police Department. SLCPD officers set up an operation with six undercover officers at the scheduled place and time the sister’s has posted. Unfortunately for the officers nobody decided to show for the event, not even the sisters. Nevertheless, SLCPD arrested the sisters for incitement to mayhem, which was prosecuted by the District Attorney. The Brady sisters defense is based on the fact that nobody showed up for the event and this was nothing more than a harmless posting to show their support. Their argument is based on the grounds that the arrest was an unconstitutional suppression of the First Amendment Free Speech Rights. The prosecution argument sees that the very nature of the message undermines any lightheartedness, with a possible outcome that could have reached completely different result. Issue Whether the messages sent by the Brady sisters were used in such a circumstance and are of such a nature as to incite imminent lawless action? Conclusions The messages posted by the Brady sisters was used in such a way that the threat if imminent lawless action can be established. The United States ... ... middle of paper ... ...o be read and passed along, with the possibly of attracting even those who the messages were not sent to. The threat of violence was serious enough for the SLCPD to take essential steps to arrest or detain any individual associated the agenda of the Brady’s. The arrest and convictions of the sisters is not an unconstitutional suppression of their First Amendment Free Speech. The Brady’s sent a clear message that had in imminent threat of violence, linked to a known terrorist organizations, with the intentions to further that organizations goals. The conviction of the Brady’s should be upheld. Works Cited Epstein, Lee, and Thomas Walker. Institutional Powers and Constraints. 8. Thousand Oaks: CQ Press, 2013. Print. Epstein, Lee, and Thomas Walker. "Power Archive." Constitutional Law for a Changing America Resource Center. CQ Press, n.d. Web. 27 Oct 2013.

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