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 Union, which had ignored the unconstitutional prosecutions of the RAM members, was now beginning to take an interest in the Anti Riot Act – but only because the government had indicated it might begin prosecuting Antifa and other hard left activists under the Act. As FEF’s press release explained:
During all this belligerent activity by the government based on an unconstitutional statute neither the ACLU nor any other Civil Liberties group lifted a finger to help the alleged “right-wing extremists.” In fact, these organizations turned a blind eye despite pleas for help. There is, accordingly, a certain irony that after the latest spate of arson and violence by Antifa types, [a letter] was circulated by the American Civil Liberties Union [directed to “Dear Comrades/FPDs/CJA lawyers” in which the ACLU at last expressed an interest in challenging the Act].
The point to emphasize in all this is that the RAM young men, most innocent of any crime at all, have been railroaded into years of prison and stress-filled and unfair criminal trials by the profound neglect, distortions, and other failures of the media, the FBI, the Justice Department, and what could be called the Civil Liberties establishment — those organizations that raise millions of dollars pretending to defend Free Speech. (We should, however, be grateful for judges such as Judge Cormac Carney, who still are watchful guardians of the First Amendment and equal justice before the law.)
FEF, as the only amicus in the RAM cases so far, has now filed four amicus curiae briefs in support of striking down the Anti-Riot Act as unconstitutional and freeing the RAM defendants.