Texas Man to Be Tried for Heckling Thu May 30, 2:23 PM ET http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020530/ap_on_re_us/heck ler_trial_1
AUSTIN, Texas (AP) - A man who yelled an expletive at former President Bush and disrupted a speech he was giving at the Texas Capitol should be tried for heckling, a state court ruled.
Thomas Markovich was a university student in 1998 when he stood up in the House gallery and yelled at Bush, who was speaking as part of the Texas Book Festival. Others joined in the shouting or clapped in support of the former president, making so much noise that Bush stopped talking.
"At some point, I think Bush made a reference to Nicaragua," said Markovich attorney Kenneth Houp. "That's when Markovich stood up and yelled (expletive) and was hauled off by the gendarmes."
Officers from the Texas Department of Public Safety arrested Markovich on a misdemeanor state charge of disrupting a meeting.
A state district judge initially dismissed the charge, saying the law was too vague, but prosecutors persuaded the Third Court of Appeals to reinstate it. Markovich's attorneys appealed to the Texas Court of Criminal Appeals, the state's highest court for criminal cases. It ruled 6-3 on Wednesday that he should stand trial.
Houp said he believes the ruling raises troublesome constitutional issues.
"Heckling, even if it is rude, is protected by the First Amendment, especially when you have a politician up on the stand," Houp said.
But Travis County Attorney Ken Oden said Markovich might have gone beyond his First Amendment rights by "substantially impairing" Bush's speech, because Bush stopped talking after Markovich cursed.
Charges against two others arrested with Markovich were dropped.
Houp said he hadn't decided whether to appeal to the U.S. Supreme Court or prepare for trial, which could involve the former president testifying.
Markovich transferred from the University of Texas at Austin to a California school after the incident. If convicted, he could face up to six months in jail, Oden said.
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