Federal court scuttles part of the Anti-Riot Act

A federal appeals court torpedoed part of the anti-riot law used by the Trump administration against individuals accused of inciting civil protests following the George Floyd killing in Minneapolis this year. A three-judge panel of the 4th Circuit U.S. Court of Appeals ruled that the language of the Anti-Riot Act was overbroad in including speech protected by the First Amendment. However, the panel found that federal authorities could still use the act against those who “organize” or “incite” a riot. (Politico, August 24, 2020, by Josh Gerstein)

In ruling on the anti-riot law, the panel upheld the convictions of two California men who traveled to Charlottesville, Virginia, as in 2017. The two members of a white supremacist group admitted they took part in fights, and they were in fact found to have pushed, punched, choked, and head-butted. None of the acts were in self-defense. A federal judge in California previously found the Anti-Riot Act unconstitutional (Read the ruling). (Courthouse News Service, August 24, 2020, by Brad Kutner)