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Quick source: Law in Texas against Thuggery


By Wright N. Justice - Posted on 06 August 2009

Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.

(b) An offense under this section is a Class B misdemeanor.

Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

Origin: The first versions of these laws were passed by the Texas Legislature in 1973 and went into effect January 1, 1974. A challenge to the constitutionality of 42.05 caused an amendment in 1994, which has met with approval from the Court of Criminal Appeals. In summary, the 1st Amendment to the U.S. Constitution protects one from being prosecuted for political speech, but does not protect you from disrupting the political speech of others.

Do you think this type of thuggery can't happen in Fort Bend County? It already has and was organized by local Republicans with ties to Tom DeLay. While no thugs were arrested that day, all local police departments have now received training about using the above two laws in the Texas Penal Code.

Favorite Quotes

"Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are [a] few other Texas oil millionaires, and an occasional politician or business man from other areas. Their number is negligible and they are stupid."

November 8, 1954
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