United States Tenth Circuit

Plaintiff faces a credible threat of future prosecution and suffers from an injury in the form of a "chilling effect" on his desire to engage in First Amendment activities, giving him standing to bring suit alleging that a Utah hate-crimes statute violates the First Amendment.

Appellate Information

• Decided 03/10/2003
• Published 03/10/2003

Judges

• LUCERO, Circuit Judge., Before HENRY, McWILLIAMS, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James L. Harris, Jr. (Brian M. Barnard with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for the Plaintiff-Appellant.


• For Appellees:
  
• Jerrold S. Jensen, Assistant Attorney General (Mark L. Shutleff, Attorney General for the State of Utah with him on the brief), Salt Lake City, UT, for the Defendants-Appellees.