the 9th Circuit supports part of the federal anti-riot law in a case against white racists

 the 9th Circuit supports part of the federal anti-riot law in a case against white racists

federal anti-riot law
 the 9th Circuit supports part of the federal anti-riot law in a case against white racists


The 9th U.S. Circuit Court of Appeals in San Francisco on Thursday revived the trial of four white supremacists under federal riot law, even as some parts of the law were repealed for violating protected expression.


The 9th Circuit's decision to prosecute the riot law allowed members of Rise Above, an extremist white group, to travel to rallies in California where they attacked people.


Politico and Courthouse News Service have coverage.


The Court of Appeal upheld the provisions of the Riot Act prohibiting incitement, participation or conduct of riots, which prohibit acts of violence associated with riots.


But the 9th Circuit cited the First Amendment repealing parts of the law that prohibit the instigation, encouragement, promotion or organization of riots. The court cited the standard set by the 1969 U.S. Supreme Court's 1969 Decision brandenburg v. Ohio, which said that speech calling for illegal conduct was protected by the First Amendment -- unless it was intended to incite an imminent illegal act.


The Ninth Circuit said that the unconstitutional provisions of the Anti-Riot Act could be separated from the rest of the law.


The Fourth Circuit in Richmond, Virginia, issued a similar opinion last year, repealing parts of the law and separating it from the rest of the law. Two of the movement's activists who traveled to unite the march were searched right in Charlottesville, Virginia.


The Riot Act applies to persons who travel or use interstate trade facilities with intent to commit acts that violate the law.


According to Politico, the Justice Department used the provisions of the Anti-Riot Act to file more than six criminal cases against people accused of rioting in protests following the death of George Floyd last spring. The government did not have to use the law against people who participated in the January 6 attack on the U.S. Capitol because it occurred on federal property and involving federal officials, according to Politico.


The four defendants in the Ninth Circuit case are Robert Paul Rondo, Robert Bowman, Tyler Loeb and Aaron Esson. All four are charged with conspiracy to violate the anti-riot law. Rondo, Bowman and Esson are also accused of violating specific provisions of the law.


The case is the United States v. Rondo.