[EMAIL PROTECTED] (Major Variola ret) writes:
> Court Won't Hear Ariz. Gang Case
>
> By EUN-KYUNG KIM
> Associated Press Writer
>
> WASHINGTON (AP)--The Supreme Court refused to reverse an order Monday
> that released a man who was jailed for giving advice to members of an
> Arizona street gang.
>
> The case centers on Jerry Dean McCoy, a former California gang member
> who moved to Tucson and provided advice to his girlfriend's son and
> other members of a street gang called ``Bratz.'' His suggestions
> ranged electing officers so they could formalize their group to
> collecting money for a bail fund to how to initiate members joining or
> leaving the group.
>
> An Arizona jury convicted McCoy under a state law that prohibits
> providing advice to criminals or encouraging criminal activity. He was
> sentenced to 15 years in prison.
>
> McCoy argued that his conviction was a constitutional violation of
> First Amendment free speech rights. His appeal was denied by an
> Arizona court but a federal district court overturned his conviction.
> The 9th U.S. Circuit Court of appeals then affirmed McCoy's release.
>
> Both federal courts agreed that the First Amendment
> protected McCoy's conversations with Bratz members. The
> federal appellate court found they were a ``mere abstract
> advocacy'' and did not pose imminent danger.
>
> <snip>
>
>
>http://www.ocnow.com/news/newsfd/shared/news/ap/ap_story.html/Washington/AP.V7201.AP-Scotus-Gang-Adv.html
