United States Seventh Circuit

Reset A A Font size: Print

US v. White, 09-2916

In a prosecution for soliciting a crime of violence in violation of 18 U.S.C. section 373, involving the posting on defendant's website of personal information about a juror who served on a jury in a prosecution of a leader of a white supremacy organization and postings calling for the use of violence on enemies of white supremacy, district court's dismissal of the indictment on the ground that the postings were protected by the First Amendment is reversed where: 1) the indictment is valid on its face; 2) potential First Amendment concern is addressed by the requirement of proof beyond a reasonable doubt at trial, and not by a dismissal at the indictment stage, as whether or not the First Amendment protects defendant's right to post personal information about the juror first turns on his intent in posting that information.

Appellate Information

  • Argued 01/12/2010
  • Submitted 06/28/2010
  • Decided 06/28/2010
  • Published 06/28/2010

Judges

  • <a href="http://pview.findlaw.com/view/2581437_1">POSNER, J.</a>, <a href="http://pview.findlaw.com/view/2338571_1">FLAUM, J.</a>, <a href="http://pview.findlaw.com/view/1283375_1">WILLIAMS, J.</a>

Court

  • United States Seventh Circuit

Counsel