The Hill News

The ranking Democrat on the House Administration Committee has introduced a bill that would make it a federal crime to threaten members of Congress with violence.

Rep. Robert A. Brady’s (D-Pa.) legislation would amend the U.S. Code, which already protects the president and vice president, to make threatening federal lawmakers and congressmen-elects with violence punishable by up to 5 years in prison.

The measure comes in the wake of a shooting two weeks ago that left Rep. Gabrielle Giffords (D-Ariz.) and 12 others injured, while killing 6 people, including a congressional aide and a federal judge. Brady said that his bill is a testament to Giffords and her call last year to temper an increasingly vitriolic tone in political debates.

“Congresswoman Gabby Giffords called upon us to take a stand to recognize that words have meanings and symbols have consequences,” said Brady in a statement. “The legislation I have introduced honors Gabby’s words in an effort to protect members of Congress while also protecting our First Amendment rights.

“My friend, Congresswoman Giffords wanted us to get to a place where we wouldn’t have to debate the connection between political rhetoric and a national tragedy â€" where we wouldn’t have to confront the inherent tension between the First Amendment and irresponsible behavior. We didn’t get there, and now I say we have to take a stand.”

Brady stressed that if the measure became law it would not infringe on civil liberties, such as the freedom of speech, ensured under the Bill of Rights.

“[This bill] creates no new categories of speech left unprotected by the First Amendment,” said Brady. “It sets up no new constitutional tests. It is simply a common-sense expansion of current federal law to cover a class of individuals who, in light of recent events, should be covered.”

The American Civil Liberties Union (ACLU) issued a memorandum to members of Congress the week following the shooting, in which they reminded lawmakers to be vigilant about protecting First Amendment rights while considering possible law enforcement enhancements to ensure their own protection.

For example, the memo states, a separate section of the U.S. Code already makes it a federal crime, punishable with up to 10 years in prison, to send any form of threatening correspondence by mail to an elected official.  

“While we encourage a meaningful conversation on the possible repercussions of provocative political speech or speech that calls for violence in the wake of this tragic event, we must be mindful that the Constitution protects speech that many of us find offensive,” reads the memo.

“We are concerned that some members of Congress might seek to pass legislation that could diminish fundamental First Amendment rights by seeking to criminalize constitutionally-protected speech.”

A poll conducted by the Quinnipiac University Polling Institute the week after the Arizona shooting found that only 15 percent of those surveyed believe the violence was spurred by angry and aggressive political rhetoric.

But in the same poll, 52 percent of people who were questioned said unstable people are more likely to engage in violent acts because of "heated political rhetoric."