# Legal question on Pennsylvania ad re Obama **URL:** \ **Category:** Factual Questions\ **Created:** [May 29, 2009, 6:57pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066 "2009-05-29T18:57:32Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [May 29, 2009, 6:57pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/1 "2009-05-29T18:57:32Z")
[Pa. newspaper ad calls for Obama assassination](http://www.philly.com/philly/wires/ap/news/state/pennsylvania/20090529_ap_panewspaperadcallsforobamaassassination.html) > [@](#): > > WARREN, Pa. - A northwestern Pennsylvania newspaper is apologizing for running a classified advertisement calling for the assassination of President Barack Obama. > > Warren Times Observer Publisher John Elchert says the ad appeared Thursday. It read, “May Obama follow in the steps of Lincoln, Garfield, McKinley and Kennedy!” The four presidents were all assassinated. > > Elchert tells The Associated Press that the newspaper’s advertising staff didn’t make the historical connection. > > He says the newspaper turned information over to police and that the Secret Service is investigating the person who placed the ad. Yes, the guy who placed this ad is obviously an idiot and the ad is appalling. With that out of the way, it’s the legal position that interests me. Despite the headline, the ad doesn’t really call for the assassination, it hopes for it. There’s a difference there, but is that difference enough to get him off the hook? Would the Secret Service charge this fool? Does the federal statute cover wishing a President assassinated? JFTR I wish Obama a long and happy life, although only a single term as President. 🙂 ---
**Author:** ![Scruff](https://avatars.discourse-cdn.com/v4/letter/s/6f9a4e/32.png) [@Scruff](https://boards.straightdope.com/u/Scruff)\ **Post date:** [May 29, 2009, 7:39pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/2 "2009-05-29T19:39:21Z")
Secret Service investigates all threats against the President, to determine how credible the threat-maker is. [http://www.secretservice.gov/ntac.shtml](http://www.secretservice.gov/ntac.shtml) AFAIK you can speak out and say “I wish President John Henry Eden was dead!”. But if you have a collection of photos and plans of the White House, a rifle and a one-way ticket to DC, you’re _probably_ going to have some interesting discussions with the SS. ---
**Author:** ![Mk\_VII](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@Mk\_VII](https://boards.straightdope.com/u/Mk_VII)\ **Post date:** [May 29, 2009, 7:43pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/3 "2009-05-29T19:43:14Z")
Threatening the POTUS is a Federal offense, even if you don’t mean it. (got that from that Clint Eastwood movie) ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [May 29, 2009, 7:51pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/4 "2009-05-29T19:51:10Z")
Here’s the law: 18 USC 871, highlights are mine: > [@](#): > > (a) **Whoever** knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or **knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years** , or both. ---
**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\ **Post date:** [May 29, 2009, 8:28pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/5 "2009-05-29T20:28:29Z")
The guy who placed the ad is certainly going to be under watch. May get hauled in by the Secret Service. But the connecton between the listed presidents is not enough to be a clear threat. Perhaps the poster is just wishing the Pres success? I know that a reasonably informed person would make the connection as to the posters intent. But I don’t see it as a clear threat to do something. Idiot, yes. Dangerous, maybe. Is this a clear violation of the law regarding threats to the president? I would not say so if I were on a jury. I am not a lawyer, but the poster of the ad is going to need one. ---
**Author:** ![Early\_Out](https://avatars.discourse-cdn.com/v4/letter/e/6f9a4e/32.png) [@Early\_Out](https://boards.straightdope.com/u/Early_Out)\ **Post date:** [May 29, 2009, 9:09pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/6 "2009-05-29T21:09:56Z")
> [@ghardester](#): > > Perhaps the poster is just wishing the Pres success? Yes, I often yearn for those heady days of the Garfield Adminstration. 😃 ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 29, 2009, 10:52pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/7 "2009-05-29T22:52:20Z")
The OP does ask an excellent question, though. Is there any crime being committed by simply wishing that a President be assassinated? ---
**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\ **Post date:** [May 29, 2009, 11:30pm UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/8 "2009-05-29T23:30:19Z")
> [@Early\_Out](#): > > Yes, I often yearn for those heady days of the Garfield Adminstration. 😃 That’s funny right there. 😉 ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [May 30, 2009, 12:51am UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/9 "2009-05-30T00:51:59Z")
Did _Death of a President_ (the British [movie](http://en.wikipedia.org/wiki/Death_of_a_President) depicting the assassination of George W. Bush) ever show in the US? ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [May 30, 2009, 1:37am UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/10 "2009-05-30T01:37:38Z")
> [@jtgain](#): > > The OP does ask an excellent question, though. Is there any crime being committed by simply wishing that a President be assassinated? Not unless some action is taken to fulfill the wish. The Secret Service will investigate all potential threats and will determine how serious it was. In this case (and assuming no additional information comes to light), the person taking out the ad will probably not be arrested. If, however, the Secret Service finds evidence that the person was planning to do more, then it gets serious for him. ---
**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\ **Post date:** [May 30, 2009, 9:54am UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/11 "2009-05-30T09:54:42Z")
> [@Scruff](#): > > Secret Service investigates all threats against the President, to determine how credible the threat-maker is. This. My friend wrote a satirical essay in the student features paper at our university, entitled “Editorial: Dear Jesus Christ, King of Kings, all I ask is that you smite George W. Bush.” He got a [visit](http://www.rcfp.org/news/documents/ssprotest.html) from the Secret Service but after a big hassle, ultimately no charges were pressed. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [May 30, 2009, 10:53am UTC](https://boards.straightdope.com/t/legal-question-on-pennsylvania-ad-re-obama/498066/12 "2009-05-30T10:53:18Z")
> [@Tom\_Tildrum](#): > > Did _Death of a President_ (the British [movie](http://en.wikipedia.org/wiki/Death_of_a_President) depicting the assassination of George W. Bush) ever show in the US? Yes it did. They had a pretty large distribution deal for a foreign independent, too.