Federal charges against 3 alleged members of a violent white supremacist group accused of inciting violence at California political rallies were dismissed by a judge who found their actions amounted to constitutionally protected free speech.
LOS ANGELES — Federal charges against three alleged members of a violent white supremacist group accused of inciting violence at California political rallies were dismissed by a judge who found their actions amounted to constitutionally protected free speech.by using the internet to coordinate hand-to-hand combat training, traveling to protests and attacking demonstrators at gatherings in Huntington Beach, Berkeley and San Bernardino.
"Some posts express repugnant, hateful ideas," Carney wrote."Other posts advocate the use of violence. Most, if not all, are protected speech." He said the men thought they were doing good going to conservative rallies to counter the anti-fascists known as Antifa who were"committing acts of violence to suppress speech they disagreed with." He criticized prosecutors for not pursuing charges against Antifa members that he said instigated violence and doused rally participants with pepper spray.
"It underscores their sense of vindication," said Joanna Mendelson of the Anti-Defamation League."This court victory has the great potential of giving them renewed energy and will reinvigorate the group overall." Defendants in those cases plan to appeal on the grounds that the statute is unconstitutional because it is overbroad, vague, and infringes on protected First Amendment activities, said Lisa Lorish, assistant federal public defender in Charlottesville. She expects the appeals court will agree with Carney's reasoning.
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