Constitutional Law,
9th U.S. Circuit Court of Appeals
Sep. 16, 2021
1st Amendment protects foreigners’ bad conduct, panel says
The circuit court reversed U.S. District Judge Andre Birotte Jr., who found that the conduct was a threat and not protected by the First Amendment. The appellate judges said the actions were constitutionally protected activity because they posed no true threat.
Two men in Australia who carried out a campaign of harassment against a business rival in Los Angeles were protected under American free speech rights, a divided 9th U.S. Circuit Court of Appeals ruled Wednesday, but a dissenting judge said he does not believe the First Amendment applies to foreigners.
"As the defendants admit, their conduct bordered on the bad and unleashed the ugly," 9th Circuit Judge Kenneth K. Lee wrote in his dissent....
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