A "Felons' Veto" in Minneapolis?

WASHINGTON - Rezul -- While the facts about a fatal shooting in Minneapolis are unclear and controversial, it appears that the mayor is seeking to employ a variation of the long discredited and legally invalid arguments known as the "heckler's veto" in which lawfully protected but controversial speech is suppressed because it might trigger criminal conduct by those who object.

According to Mayor Jacob Frey, ICE agents should "Get the f--- out of Minneapolis" because their enforcement operations which cause "chaos and distrust" and are "ripping families apart" motivate many citizens to engage in felonious and often violent conduct.

In other words, because many people who oppose detaining criminals seek to criminally interfere with federal law enforcement - a felony under 18 U.S. Code § 111 (https://www.law.cornell.edu/uscode/text/18/111)  - federal law enforcement there should cease.

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But this makes as little sense as arguing that federal agents shouldn't arrest mafiosos in Little Italy since many residents might try to illegally interfere - and people might be hurt or even even die as a result - suggests public interest aw professor John Banzhaf.

Many universities, including his own, were harshly criticized for not arresting protestors who engaged in a wide variety of criminal activities on their campus because of alleged concern that enforcing the law might trigger additional criminal and even violent behavior, says Banzhaf.

Most such universities have now repented and admitted that such decisions were wrong; as a result, many are now suffering the penalties for letting a felons' veto deter them from protecting the rights of Jewish and other students on campus.

Similarly, although there certainly should be appropriate punishment for any ICE agents who acted illegally in Minneapolis or elsewhere, enforcement of valid federal laws - whether regarding illegal immigration, illegal drugs, or illegal occupation of buildings on college campuses - should not cease simply because those who object might resort to criminal activity to prevent it, Banzhaf argues.

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JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law Emeritus
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
(703) 527-8418
http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf