United States Ninth Circuit

A gang member's statements made to another gang on how to effectively run such an organization were protected by the First Amendment because although the remarks contained recommended illegal acts, they were not directed to inciting imminent lawless action.

Appellate Information

• Argued 08/14/2001
• Decided 02/26/2002
• Published 02/26/2002

Judges

• O'SCANNLAIN, Circuit Judge., Before POLITZ,KOZINSKI, and O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Janet Napolitano, Attorney General;  Randall M. Howe, Chief Counsel, Criminal Appeals Section;  Ginger Jarvis (argued), Assistant Attorney General, Criminal Appeals Section, Phoenix, AZ, for the appellants.


• For Appellees:
  
• T.S. Hartzell (argued), Tucson, AZ, for the appellee.