FC: Ninth Circuit rules 6-5 that Nuremberg files website is unlawful

[Declan McCullagh <declan () well com>]

Politech archive on Nuremberg files case:
http://www.politechbot.com/cgi-bin/politech.cgi?name=nuremberg

Previous Politech message:
"Ninth Circuit agrees to review Nuremberg files case"
http://www.politechbot.com/p-02619.html

The earlier Ninth Circuit's panel's opinion, written by Judge Kozinski:
http://www.ce9.uscourts.gov/web/newopinions.nsf/4bc2cbe0ce5be94e88256927007a37b9/1b21cad7a2e437d988256a1d006a03a1?OpenDocument

---

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020516/ap_on_re_us/abortion_appeal_4
   
   Court Rules Against Abortion Foes 
   Thu May 16, 5:08 PM ET
   
   By DAVID KRAVETS, Associated Press Writer
   
   SAN FRANCISCO (AP) - A federal appeals court reversed course Thursday
   and ruled that anti-abortion activists who created Wild West-style
   posters and a Web site condemning abortion doctors can be held liable
   because their works amounted to illegal threats, not free speech.
   
   However, the sharply divided 9th U.S. Circuit Court of Appeals (news -
   web sites) ordered a lower-court judge to reduce the $108.5 million in
   punitive damages a Portland, Ore., jury awarded to four doctors who
   sued the abortion foes.
                                      
   At issue was whether the posters and Web sites violated a 1994 federal
   law that makes it illegal to incite violence and threaten abortion
   doctors. In its 6-5 decision, the appeals court called the works a
   "true threat."
                                     
   [...]



-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/
-------------------------------------------------------------------------
Like Politech? Make a donation here: http://www.politechbot.com/donate/
-------------------------------------------------------------------------