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TopicPolitics Containment Topic 358: Funeral Parler
Wanglicious
01/12/21 9:23:35 PM
#224:


Crescent-Moon posted...
So those "bans" are unforceable and meaningless; they're just meant to give out an image.

answer is "maybe."
it depends on the specifics of the language. like as we're reading it there yeah it seems like they'd be covered. but that doesn't mean it says what we think it means as this surely doesn't come up that often. also congress can still impose other punishments for it, though not arrest.

decided to do a little bit of digging and got to an early 1900s case (Williamson v. United States) , where this blurb was mentioned as the judge went super in depth with the history:

A brief consideration of the subject of parliamentary privilege in England will, we think, show the source whence the expression "treason, felony and breach of the peace" was drawn, and leave no doubt that the words were used in England for the very purpose of excluding all crimes from the operation of the parliamentary privilege, and therefore to leave that privilege to apply only to prosecutions of a civil nature. We say this, although the King's Bench, in 1763 ( Rex v. Wilkes, 2 Wils. 151), held that a member of Parliament was entitled to assert his privilege from arrest upon a charge of publishing a seditious libel, the court ruling that it was not a breach of the peace. But, as will hereafter appear, Parliament promptly disavowed any right to assert the privilege in such cases.

so uh... maybe not? as you'd then get into the question of would a violation of this rule be a civil or a criminal charge too. if it's civil, then yes totally toothless. if criminal, different. i don't know how DC rules work on this. technically Congress can make the metal detectors a law too but... yeah.

basically, the second one gets arrested expect a court case.
nobody wants to be responsible for said court case right now so don't expect anything until somebody in the police gets fed up and does it, fully aware that this is in the turf of lawyers now.

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