The following is the text of the Amicus Curiae (Friend of the Court) brief filed with the United States Supreme Court by Free Expression Foundation lawyers on October 25. The brief presents a direct and so far ignored rationale for striking down the 1968 Anti-Riot Act. It also proposes a simple solution to the multitude of problems created by recent…
FEF’s supporters will recall that the Department of Justice has two ongoing prosecutions against members of the Rise Above Movement (“RAM”). One was commenced in Charlottesville, Virginia; the other, in San Francisco, California. Both have now reached the Circuit Court of Appeal level, one in the Fourth Circuit and the other in the Ninth Circuit. Both circuit courts have ruled…
On Tuesday, January 26, 2021, Glen Allen argued his SPLC appeal in the Fourth Circuit before Judges Motz, Agee, and Keenan. This oral argument, including both sides, is about 40 minutes long. Here is an audio of the argument: https://www.ca4.uscourts.gov/OAarchive/mp3/19-2419-20210126.mp3 The judges seemed to have read the briefs and asked appropriate questions, including some rather difficult ones for the SPLC’s…
FEF published an update on its activities and achievements in the December 2020 edition of American Free Press. As noted in its update, in addition to the litigation matters it has pursued FEF has continued to provide small grants to worthy persons, including the parents of Scott Goodwin so that they may visit their son Jacob in Virginia prison. Jacob…
On November 24, 2020, the Fourth Circuit set oral argument for January 26, 2021 in Glen Allen’s appeal from the District Court’s dismissal of his complaint against Heidi Beirich, Mark Potok, and the SPLC. Allen commented that “the Fourth Circuit waited over six months after briefing was completed to schedule oral argument, so I was becoming concerned. But I’m happy…
On November 17, 2020, oral argument was held before Judges Fernandez, Paez, and Tigar in the Ninth Circuit Rundo RAM appeal. The argument was held via Zoom because of the Covid restrictions, and attorneys representing FEF listened in. The judges asked many pointed questions, especially of the government, which gave hope to FEF’s attorneys that the judges appreciate the constitutional…
On August 24, 2020, in a unanimous opinion authored by Judge Diaz, the Fourth Circuit affirmed District Court Judge Moon’s refusal to strike down the Anti Riot Act as unconstitutional. In what can fairly be described as a convoluted and illogical rationale, the Fourth Circuit found large parts of the Act unconstitutional but upheld certain narrow segments of it. Then,…
On June 23, 2020, FEF issued a press release (attached to this post) regarding the amicus brief it filed the week before in the Ninth Circuit in the RAM Rundo appeal. After reviewing the background and importance of the Rundo case, including the blatant political motives of the government in commencing the prosecution, FEF noted that the American Civil Liberties…
On June 17, 2020, FEF filed an amicus brief in the Ninth Circuit Court of Appeals in the United States v. Rundo, et al. appeal. With the filing of this amicus, FEF now has filed amicus briefs in Rise Above Movement appeals on both coasts of the USA – on the East Coast, in the Fourth Circuit Miselis case, and…
In the May 25, 2020 edition of American Free Press, Merlin Miller FEF board member, summarizes FEF’s achievements and plans for the future. See the article here.
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