Articles Tagged with “First Amendment”

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Longtime readers will recall the Twitter-stalking case. I’ve written about it here. The conspirators Volokh have written about it here. There’s also been coverage in PC World, and the New York Times.

twitterybirds.jpgIn essence, the government indicted William Cassidy for sending a lot of tweets on Twitter. This was charged as a violation of a federal anti-stalking law. His defense lawyers argued that this was protected by the First Amendment.

Yesterday, Judge Roger Titus of the United States District Court for the District of Maryland, issued an opinion dismissing the indictment.

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If you have had a search warrant executed at your house, you’re likely to want to know why. If you committed a crime, perhaps it’s obvious why. If not, you’d likely want to see why the government thought you were up to something suspicious.

Christopher Kortlander was in exactly that situation. In 2005 and 2008 the federal government got a warrant and searched his house. He was under investigation, as the Ninth Circuit put it, for unlawfully attempting to sell migratory bird parts and for fraudulently misrepresenting the provenance of historical artifacts for sale.”

Ultimately, the government declined to go forward with charges.

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Earlier, during the summer, I blogged about a Ninth Circuit opinion that vacated a conviction for making racially-motivated threats against President Obama.

As I noted at the end of that post, I am really looking forward to seeing how this gets resolved en banc.

And, apparently, I am now closer to getting to see that. The government has filed a petition for the Ninth Circuit to rehear the case. Politico’s Josh Gerstein has detailed coverage and a link to the government’s filing.

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The Ninth Circuit is a hotbed of defendant-friendly First Amendment jurisprudence in criminal cases.

The Ninth Circuit recently held that racially-motivated threats on an internet message board don’t violate the law. And, recently, in United States v. Parker, the Ninth Circuit vacated the conviction of a protester at a military base.

2044208193_e00de96b7ePerhaps the defense lawyers in the Twitter harassment case should try to transfer venue.