Blog Jay Leiderman Law

Category Archives: First Amendment

The Antifa movement has garnered a lot of attention as of late.  What is Antifa? Antifa in America have become an increasingly controversial topic of conversation over recent years as their prominence has grown. Antifa has a simple meaning: Anti-Fascist.  The name Antifa exploded in the media after the recent clashes with Neo-Nazi’s and White […]

GANG MEMBERSHIP IS CONSTITUTIONALLY PROTECTED AND THE FIRST AND FOURTEENTH AMENDMENTS PROHIBIT CRIMINALIZING GANG MEMBERSHIP PER SE Like it or not, gang membership is constitutionally protected activity.  (Dawson v. Delaware (1992) 503 U.S.  159, 161; see also City of Chicago v. Morales (1998) 527 U.S. 41.)  Admittedly, Penal Code § 186.22, which closely parallels § 182.5, has […]

The magistrate erroneously ruled that the threatening rap lyric was protected speech as a matter of law.  (130) (221) Penal Code section 140, subd. (a) makes it a crime to threaten a crime victim with violence. Here, alleged threats were made in the lyrics of a rap song distributed on the Internet. The magistrate erred […]