Being intelligent is not a felony. But most societies evaluate it as at least a misdemeanor.
And Indeed He Was
This guy opted for some last minute electioneering in front of the Idaho Statehouse on election day. A facebook capture shows him walking away from Mitt Romney's Idaho co-chairs, Governor Butch Otter and Senator Jim Risch (I can't confirm if that's the angry little gnome but it looks like his bald spot). I chatted with the man as I asked for his picture. He stated he wanted to exercise his civil rights before they disappeared. He was still shaking from a confrontation with the Idaho State Police just twenty minutes before who threatened him with a felony. They strongly encouraged him to leave the area, the most visible and politically, if not socially, appropriate one in the state. I shared with him my concerns regarding the backfiring of his methods of political persuasion but have no doubt that the first amendment protected him where he was. Despite the police confrontation, he laughed getting flipped off by nearly every grey haired white guy who drove by.