Boggs is an artist whose works portray the currency of the United
States of America. A reproduction of his rendition of a United States
twenty dollar bill is contained in the Journal and is an exaggerated
version of the real thing. The brief, written by Kent A. Yalowitz, an
Associate at the firm of Arnold & Porter, and submitted to the D.C. Circuit
Court of Appeals, centers on the continued harassment and censorship of Boggs
by the United States Secret Service. Boggs claims that he has been denied his
First Amendment rights and the procedural protection's that attach to those rights.
     The brief argues that "the First Amendment has long been understood to forbid
the application of criminal sanction without some element of scienter on the part of
the defendant." Scienter is regarded as the equivalent of a deliberately fraudulent
intent to deceive. The term is used to signify a person's "guilty knowledge".
Accordingly, in order for a person to be convicted of a violation in which scienter
is a requisite element, an intent to deceive or defraud must be present. The Secret
Service ignores the scienter element in Boggs, as it is clearly not present.