Monday, October 03, 2016
https://www.cadc.uscourts.gov/internet/opinions.nsf/8F815F0653C2E1A585256F15006C62A4/$file/98-3017a.txt
usa v popa, law banned anon ymous annoying phone calls. guy called eric holder a negro, got 9 months, time served, now he has the conviction tossed.
It's a McIntyre case i'd missed for 17 years.
See also United States v. Popa (D.C. Cir. 1999) (defendant’s seven anonymous telephone messages left on United States Attorney’s office telephone, containing racial epithets directed at United States Attorney and complaints about abusive police officers, constituted protected speech directed at public official; statute punishing anonymous telephone calls made with intent to annoy, abuse, threaten or harass held unconstitutional as applied to defendant, requiring reversal of conviction) - Eugene Volokh.
Also two cases on the right of anonymous speech for sex offenders, one in GA, White v. Baker, 696 F. Supp. 2d 1289, 1313 (N.D. Ga. 2010) (holding that enforcement of a registration requirement would irreparably harm a registered sex offender “by chilling his First Amendment right to engage in anonymous free speech”, cited in a new Florida case. Florida sent Doug Guetzloe to jail for engaging in anonymous speech, and generally doesn't recognize the right, so this is an odd sort of progress.
usa v popa, law banned anon ymous annoying phone calls. guy called eric holder a negro, got 9 months, time served, now he has the conviction tossed.
It's a McIntyre case i'd missed for 17 years.
See also United States v. Popa (D.C. Cir. 1999) (defendant’s seven anonymous telephone messages left on United States Attorney’s office telephone, containing racial epithets directed at United States Attorney and complaints about abusive police officers, constituted protected speech directed at public official; statute punishing anonymous telephone calls made with intent to annoy, abuse, threaten or harass held unconstitutional as applied to defendant, requiring reversal of conviction) - Eugene Volokh.
Also two cases on the right of anonymous speech for sex offenders, one in GA, White v. Baker, 696 F. Supp. 2d 1289, 1313 (N.D. Ga. 2010) (holding that enforcement of a registration requirement would irreparably harm a registered sex offender “by chilling his First Amendment right to engage in anonymous free speech”, cited in a new Florida case. Florida sent Doug Guetzloe to jail for engaging in anonymous speech, and generally doesn't recognize the right, so this is an odd sort of progress.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/28/new-endorsement-of-the-right-to-anonymous-speech-in-florida/?utm_term=.175247afe951 David Post blog at Volokh.
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