FEF Allowed To File Second Amicus Brief By Fourth Circuit Court Of Appeals

Although amicus curiae parties are rarely permitted to file two amicus briefs in an appeal, the Fourth Circuit Court of Appeals has accorded FEF this unusual distinction.  On January 9, 2020, the Fourth Circuit allowed FEF to file a second amicus brief – FEF’s reply amicus brief – in the United States v. Miselis Rise Above Movement appeal.  In its reply brief (which can be viewed here), FEF meticulously surveyed all the cases in which the federal government has ever used the Anti-Riot Act as a grounds for a criminal prosecution.  FEF explained that in virtually every such case, the government’s use of the Act has been directed at core political speech and has invariably been linked with conspiracy charges, thus amplifying its chilling effect on free speech and assembly.   FEF accordingly urged the court to strike down the Act as unconstitutional and free the RAM defendants.