Supremes uphold conviction in landmark free speech case

Yesterday, the Supreme Court made a key decision which even federal officals admit will have major implications for free speech across the country.

With all eyes on the Alito confirmation non-aftermath, the Court hastily refused to hear the appeal of South Carolina activist Brett Bursey, the first and only person to be prosecuted under the statute governing "Threats to the President."

Bursey's crime? Four years ago, when President Bush came to Columbia, SC to whip up support for the Iraq war, Bursey -- a leader of the South Carolina Progressive Network -- inserted himself into the pro-Bush crowd with a sign saying "No more war for oil, don't invade Iraq."

For these unthinkable sentiments, Bursey was commanded to retreat to an Orwellian-named "free speech zone" or be charged with trespassing. As Bursey relates, "I told the police that I was in a free speech zone called the United States of America."

The trespassing charges were dismissed four months after the arrest, but the feds wouldn't have it. The Secret Service quickly moved to press the unprecedented "Threats to President" charges, and, after being refused a jury trial, Bursey was convicted and given a $500 fine.

Bursey could have gone the easy route and paid the money. Instead he and public interest lawyer Lewis Pitts appealed the decision, racking up thousands in legal bills to protest what they perceived to be a legal sham with national implications.

The charges and conviction made no sense from the start, as Bursey's team said in a statement Facing South received yesterday:

The statute requires that secure areas be clearly marked and entrance restricted. Secret Service and State Law Enforcement Agents acknowledged that there were other people in the area when Bursey was arrested and trial testimony made it clear that the area was not restricted according to the law.

"The courts allowed the Secret Service to pick Mr. Bursey out of a crowd because he was opposed to the President's pending war with Iraq," Pitts said. "This is a disturbing precedent that will limit the First Amendment rights of all Americans."

It's no exaggeration to say the Supreme Court's decision to let the conviction stand sets a dangerous precedent. A Secret Service official in South Carolina, Neal Dolan, admitted as much in Charleston last year when he declared that "If Bursey's prosecution holds, we have another dozen cases" across the country.

To pay his $500 fine, Bursey is asking 499 other citizens concerned about free speech to bring a dollar and join him at federal court to protest the decision (date to be announced).

You can make a donation to Free Speech Fund of the Progressive Network here or by calling 800-849-1803. You can find updates on the case here.