Members of a white supremacist organization will face charges of organizing violent riots in California as the Ninth Circuit U.S. Court of Appeals found the Anti-Riot Act violated the supremacists’ First Amendment right to advocate the use of force but did not extend to advocacy leading to “imminent lawless action…likely to incite or produce such action.” (Courthouse News Service, March 4, 2021, by Martin Macias Jr)
While reinstating the indictments of the men, the Ninth Circuit panel ruled parts of the Anti-Riot Act unconstitutional. The panel said that mere advocacy of violence should be protected in accordance with a finding by the Fourth Circuit last year. The finding rested on Brandenburg v. Ohio the Supreme Court decision establishing the “imminent lawless” criterion. (The Hill, March 4, 2021 by Harper Neidig)