Oral Argument Held In Fourth Circuit Appeal Of Allen v. Beirich And SPLC Dismissal

Oral Argument Held In Fourth Circuit Appeal Of Allen v. Beirich And SPLC Dismissal

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…

Oral Argument Scheduled In Glen Allen’s Fourth Circuit Appeal From Dismissal Of His Complaint Against The SPLC

Oral Argument Scheduled In Glen Allen’s Fourth Circuit Appeal From Dismissal Of His Complaint Against The SPLC

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…

Fourth Circuit Issues Opinion In Miselis Appeal Striking Down Parts Of Anti Riot Act As Unconstitutional But Upholding Convictions Of RAM Defendants

Fourth Circuit Issues Opinion In Miselis Appeal Striking Down Parts Of Anti Riot Act As Unconstitutional But Upholding Convictions Of RAM Defendants

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,…

Glen Allen Completes Briefing In His Fourth Circuit Appeal In The Allen v. Beirich And SPLC Case

Glen Allen Completes Briefing In His Fourth Circuit Appeal In The Allen v. Beirich And SPLC Case

On May 11, 2020, Glen Allen, responding to the SPLC’s brief in opposition to his opening brief, filed his reply brief in further support of his appeal.  In his reply brief, Allen castigated the SPLC Defendants for improperly citing matters outside the appellate record in their opposition brief by seeking to introduce newspaper articles and articles written by the SPLC…

Oral Argument Held In Fourth Circuit Miselis Appeal

Oral Argument Held In Fourth Circuit Miselis Appeal

On January 31, 2020, Glen Allen, as an observer, on behalf of FEF attended oral argument in the Fourth Circuit Miselis appeal.  He noted that the Chief Judge, Judge King, seemed hostile to the RAM defendants, that Judge Rushing asked virtually no questions, but that Judge Diaz did pose several pointed questions to both sides.  He commented that it was…

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

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…

FEF Files Amicus Brief In Fourth Circuit RAM Case

FEF Files Amicus Brief In Fourth Circuit RAM Case

On October 8, 2019, FEF filed an amicus brief in the federal Fourth Circuit Court of Appeals in support of the Rise Above Movement defendants who had been prosecuted under the Anti-Riot Act for their participation in the Charlottesville, Virginia, Unite the Right Rally.  At the trial court, the defendants, under intense pressure and in difficult prison conditions, had agreed…

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