Judge Cormac Carney said that the Anti-Riot Act is unconstitutionally overbroad in violation of the First Amendment. He said the actions of the men from the Rise Above Movement (RAM) were protected speech.
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The 2-count fed grand jury indictment against the men they were charged with conspiracy to commit rioting and travel or use of interstate commerce with intent to riot. One of their defense attorneys said that was only related to these men's conversations and not actual violence.
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Carney's ruling, "Make no mistake that it is reprehensible to throw punches in the name of teaching Antifa some lesson. Nor does the Court condone RAM’s hateful and toxic ideology." 1/2
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"But the government has sufficient means at its disposal to prevent and punish such behavior without sacrificing the First Amendment." 2/2
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According to prosecutors, members of RAM attacked counter-protesters at multiple rallies in 2017 and encouraged combat training at a park in San Clemente in Orange County.
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Judge Carney ordered all three men released today and Tyler Laube, who pleaded guilty late last year, will likely file as well. Two other RAM members pleaded guilty in the Western District of Virginia in Connection with the August 2017 “Unite the Right” Rally in Charlottesville.
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My article is posted now
@CourthouseNewshttps://www.courthousenews.com/judge-tosses-all-charges-in-white-nationalist-rioting-plot/ …Show this thread
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