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A protester entered an IRS office during business hours. He denounced the income tax and set fire to pages from his copy of the Internal Revenue Code. The fire was extinguished before it caused any other damage. The protester was arrested and charged with violating a state law that prohibited igniting a fire in a public building. He claimed that his prosecution was unconstitutional under the First Amendment. May the protester constitutionally be convicted?

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anthougo

Answer:

The protester can constitutionally be convicted for frustrated arson since he only lit and burnt the tool.

Explanation:

Arson can be destructive. As a crime, arson is grievous and hateful. There is inherent and manifest wickedness in committing arson, which is a federal crime.  Destructive arson carries a life sentence. The protest looks like a desperate demonstration of unsound mental health.  However, the protester will be convicted for frustrated arson, which carries a reduced sentence.

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