Petition demands Justice Dept. file charges against New Black Panther leaders

A petition posted this week at change.org demands Eric Holder's Justice Department file charges against leaders of the New Black Panther Party, saying the group has violated a number of federal laws in connection with their recent activity.

"The New Black Panthers, in response to the tragic death of Trayvon Martin and an active or pending investigation, have attempted to create a race riot, promote an overthrow of the American government, and have solicited the death of an American citizen, George Zimmerman," the petition reads in part.

It then highlights some of the group's recent activities, including a $10,000 bounty the group placed on Zimmerman's head while distributing posters saying the Hispanic neighborhood watch volunteer is "Wanted: Dead or Alive."  The petition says this "suggests that bodily harm or death should come to an American citizen (Mr. Zimmerman) for a fee," and explains:

Mr. George Zimmerman had not been charged with a crime at the time of the issuing of the initial "bounty", which said "dead alive". Therefore, the New Black Panthers had no legal standing to authorize what would essentially amount to the kidnapping of a citizen under the false pretense of a "citizens arrest".

More importantly, they have no authorization under the law, under any circumstance, to issue a "wanted dead or alive" bounty on an American citizen.

The petition then says the group "[p]romoted, via social media and other postings, a 'race riot,'" citing a recent call in which members of the organization suggested getting "suited up, loaded up, armed up, and booted up for the race war."

According to the petition:

This speech is likely to provoke an average listener to retaliation, and thereby cause a breach of peace, which falls outside of the protection of the First Amendment because the words have no important role in the marketplace of ideas that the freedom of speech is designed to promote. (see: Chaplinsky v. New Hampshire)

The government can regulate speech that is intended and likely to incite "imminent lawless action," or where the speech presents a "clear and present danger" to the security of the nation. (See: Brandenburg v. Ohio)

The petition continues, saying the New Black Panther Party "[k]nowingly and willfully advocated, advised, or taught the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States," and says it "[r]ecruited soldiers or sailors within the United States to engage in armed hostility against the same."