Judge says white supremacists charged over violent riots are protected by First Amendment

[babylonsister]

Judge says white supremacists charged over violent riots are protected by First Amendment
"The government has sufficient means at its disposal to prevent and punish such behavior without sacrificing the First Amendment."
Luke Barnes
Jun 4, 2019, 4:32 pm


A federal judge in Los Angeles on Monday threw out rioting charges against three members of the Rise Above Movement (RAM), a violent far-right group which participated in the August 2017 Unite the Right rally as well as other clashes throughout California.

The defendants had been charged with inciting riots under the Anti-Riot Act following a series of incidents at political rallies, most notably in April 2017 at the University of California Berkeley. Videos posted online showed the defendants at the event with fists taped for fighting and faces partially covered by skeleton masks.

Defense attorney John McNicholas, however, argued that the government’s charges were focused on the plans and conversations surrounding RAM’s trip to Berkeley — not the actual violence that occurred. As a result, the charges unfairly covered “lawful assembly and speech”, a point with which U.S. District Judge Cormac Carney agreed.

“Because the Anti-Riot Act regulates a substantial amount of protected speech and assembly, the Court finds the Anti-Riot Act is unconstitutionally overbroad,” Carney wrote in his 12-page decision. “The political nature of a riot increases the risk that the Anti-Riot Act criminalizes a substantial amount of protected expressive activity.”

“The court does [not] condone RAM’s hateful and toxic ideology,” Carney continued. “But the government has sufficient means at its disposal to prevent and punish such behavior without sacrificing the First Amendment.”

The judge urged defendants Robert Rundo, Aaron Eason and Robert Bowman to “move away from violence and hate.” The trio were released on Monday.

more...

https://thinkprogress.org/white-supremacists-riots-free-speech-f3c644e8386a/

[onecaliberal]

1. So now running someone down with your fucking car is protected speech.

These violent and dangerous white nationalists will only be emboldened.

[Dennis Donovan]

2. A Dubya judge

https://en.wikipedia.org/wiki/Cormac_J._Carney#Legal_and_judicial_career

On January 7, 2003, Carney was nominated by President George W. Bush to a seat on the United States District Court for the Central District of California vacated by Carlos R. Moreno. Carney was confirmed by the United States Senate on April 7, 2003, and received his commission on April 9, 2003. At the district court, Carney has handled complex civil and criminal matters, including patents, copyrights, trademarks, securities, business finance, civil rights, drug conspiracies and white collar crime.

<snip>

...but then there's this?

On July 16, 2014, Carney declared the California death penalty to be unconstitutional, saying it is so arbitrary and plagued with delays that it violates the Eighth Amendment's ban on cruel and unusual punishment. In his 29-page order he vacated the death sentence of Ernest Dewayne Jones, who was sentenced to death in 1995 for rape and murder. The order was appealed by then California Attorney General Kamala Harris, a decision that she made despite the fact she was not required to pursue the matter any further as Attorney General. The Ninth Circuit Court of Appeals heard oral arguments on August 31, 2015, and in a unanimous decision overturned the decision on November 12, 2015.<Los Angeles Times, 11/13/15).

[gratuitous]

3. The judge urged these assholes to move away from violence and hate

So there's that. I guess that's what passes for the judge reading the riot act to a defendant. These poor, misunderstood boys couldn't possibly have known that coming to the rally ready to rumble and planning to incite a riot and violence would result in . . . a riot and violence.

Dear kindly Judge, your honor, Leapin' lizards! That's why we're so bad!

[Wounded Bear]

4. Well, they certainly deserved a strong talking to...