United States Ninth Circuit

Defendant's conviction of disorderly conduct in violation of 38 C.F.R. section 1.218(a)(5), which prohibits causing disturbances at Veterans Affairs facilities, is affirmed, where: 1) the conduct for which defendant was convicted does not constitute protected speech because it involved a "true threat" of violence; and 2) even if defendant's conduct did constitute protected speech, section 1.218(a)(5) is not unconstitutional as applied to defendant. Defendant's facial challenge to the regulation is dismissed for lack of jurisdiction, because 38 U.S.C. section 502 states that facial challenges to the validity of VA regulations may be brought on in the Federal Circuit.

Appellate Information

• Decided 07/28/2014
• Published 07/28/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel