Archive | First Amendment

Monday, November 13th, 2017

This Week’s Cert. Grants

The Supreme Court has recently granted certiorari in three First Amendment cases relevant to criminal practice:

Lozman v. City of Riviera Beach, Florida, No. 17-21
Question presented: Does the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law?

Cert. papers and opinion below available here:

Lozman v. City of Riviera Beach, Florida

Minnesota Voters Alliance v. Mansky, No. 16-1435
Question Presented: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place, facially overbroad under the First Amendment?

Cert. papers and opinion below available here:

Minnesota Voters Alliance v. Mansky

National Institute of Family and Life Advocates v. Becerra, No. 16-1140
Question Presented: Whether the Free Speech Clause or the Free Exercise Clause of the First Amendment prohibits California from compelling licensed pro-life centers to post information on how to obtain a state-funded abortion and from compelling …

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Categories: First Amendment, Fourth Amendment

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Thursday, August 9th, 2012

Caveat Loquens

United States v. Stewart, No. 10-3185 (2d Cir. June 28, 2012) (Winter, Calabresi, Sack, CJJ)

This opinion appears to shut the door on the long-running series of appeals in the Lynne Stewart case. Stewart was convicted after trial of conspiracy to defraud the United States, providing material support to the killing or kidnapping of persons in a foreign country and making false statements. Underlying these convictions were her efforts to smuggle messages to and from her client, Sheikh Omar Ahman Ali Abdel Rahman, who was then serving a terrorism-related life sentence. 

Stewart was originally sentenced to 28 months’ imprisonment. The government appealed, and the circuit vacated the sentence with instructions to the district court to: determine whether Stewart had committed perjury in her trial testimony;  consider applying the abuse-of-trust enhancement; clarify whether it had applied the terrorism enhancement (having found that it “plainly” applied in Stewart’s case) and; and “further …

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Categories: First Amendment, Uncategorized

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