SmarterthanYou
rebel
http://www.itemlive.com/articles/2011/12/19/news/news04.txt
First police charged his brother for assaulting a thief allegedly breaking into his truck.
Now Ken McKay Jr., of Swampscott says police told him he risks being arrested and up to a $5,000 fine and or a year in prison for supporting his brother by holding a protest outside Lynn District Court
Ken McKay Jr, said he planned to organize a protest outside Lynn District Court on Jan. 24, the scheduled date of his brother’s pre-trial hearing.
He said he wanted to highlight an “unjust” charge against his brother. He also wanted to support proposed legislation that protects individuals “in any place that they have a right to be” from civil and criminal liability due to death or injuries to an assailant if the individual acted in self-defense.
But when Kenneth McKay Jr. told Lynn Police about his plans to protest, he said that Capt. Chris Reddy told him that protesting “in or near” the courthouse violated Massachusetts law.
Reddy cited Massachusetts General Law Chapter 268 Section 13A. The law states “Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the commonwealth ...” can be sentenced to a fine of up to $5,000 and/or a year imprisonment.
Ken McKay Jr. also said that Reddy told him he could not move across the street to City Hall.
Now Ken McKay Jr. said it is his free speech that is being threatened.
Lynn Police Spokesperson Lt. Christopher Kelly deferred to the captain’s interpretation of the law.
“Common sense would tell me, somewhere where you could be seen or heard by the courthouse,” would be considered “near,” as according to the statute, Kelly said.
“I know this individual probably feels that the freedom of speech is being trampled on,” Kelly acknowledged. “But there are limits to freedom of speech — you can’t yell ‘fire’ in a crowded movie theater — and the Mass. Legislature decided that Massachusetts courthouses should be above the fray of people trying to picket.”
First police charged his brother for assaulting a thief allegedly breaking into his truck.
Now Ken McKay Jr., of Swampscott says police told him he risks being arrested and up to a $5,000 fine and or a year in prison for supporting his brother by holding a protest outside Lynn District Court
Ken McKay Jr, said he planned to organize a protest outside Lynn District Court on Jan. 24, the scheduled date of his brother’s pre-trial hearing.
He said he wanted to highlight an “unjust” charge against his brother. He also wanted to support proposed legislation that protects individuals “in any place that they have a right to be” from civil and criminal liability due to death or injuries to an assailant if the individual acted in self-defense.
But when Kenneth McKay Jr. told Lynn Police about his plans to protest, he said that Capt. Chris Reddy told him that protesting “in or near” the courthouse violated Massachusetts law.
Reddy cited Massachusetts General Law Chapter 268 Section 13A. The law states “Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the commonwealth ...” can be sentenced to a fine of up to $5,000 and/or a year imprisonment.
Ken McKay Jr. also said that Reddy told him he could not move across the street to City Hall.
Now Ken McKay Jr. said it is his free speech that is being threatened.
Lynn Police Spokesperson Lt. Christopher Kelly deferred to the captain’s interpretation of the law.
“Common sense would tell me, somewhere where you could be seen or heard by the courthouse,” would be considered “near,” as according to the statute, Kelly said.
“I know this individual probably feels that the freedom of speech is being trampled on,” Kelly acknowledged. “But there are limits to freedom of speech — you can’t yell ‘fire’ in a crowded movie theater — and the Mass. Legislature decided that Massachusetts courthouses should be above the fray of people trying to picket.”
