Roe Overturned; Now Stop "Night of Rage" At Justices' Homes

Federal Anti-Picketing Law Can't Stop It, But Virginia's Statute Can
WASHINGTON - June 24, 2022 - PRLog -- Now that the Court has issued its abortion ruling, we must anticipate the "Night of Rage" promised by a "pro-abortion terrorist group" and others directed at the homes of the anti-abortion justices.

The "pro-abortion terrorist group" which claimed responsibility for the fire bombing of the Wisconsin Family Action office has issued a "Night of Rage" message, strongly urging its followers to carry "anger out into the world" by "expressing it physically."

If, as expected, these violent actions include escalating the continuing demonstrations at the homes of anti-abortion Supreme Court justices into rioting, destruction of property, and even physical harm, Virginia has a powerful law to prevent any protesting.

In Virginia, law enforcement authorities have a statute which would permit them to stop any demonstration in a residential neighborhood almost before it can begin, and long before a mob can form and foment into an illegal riot.

In stark contrast to the federal statute, the corresponding anti-residential-picketing law in Virginia is crystal clear and does not require the need to show any intent. Because it does not require any specific intent, Virginia law enforcement authorities may - and, under applicable Virginia criminal law and procedure, should - arrest any persons picketing or protesting near a residence.

Virginia's § 18.2-419 very clearly mandates that: "Any person who shall engage in picketing before or about the residence or dwelling place of any individual, or who shall assemble with another person or persons in a manner which disrupts or threatens to disrupt any individual's right to tranquility in his home, shall be guilty of a Class 3 misdemeanor."

Protests at the homes of influential people can easily become violent and even terrifying, says Banzhaf.

So Prof. Banzhaf hopes other Virginians, and especially those who hold office or have particular influence within the state, will join him is demanding that Virginia authorities enforce §18.2-419 - as it was designed by the legislature to be enforced - by announcing that, after issuing an appropriate warning, they will promptly arrest anyone who comes into a residential neighborhood to picket or otherwise stage a protest regarding any issue.   @profbanzhaf

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