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· 4/6/1987

United States v. Keith Dwayne Gilbert

Citations

  • 813 F.2d 1523
  • 1987 U.S. App. LEXIS 4468

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that criminal prosecution under FHA of person who mailed letters and flyers threatening to murder whites who aided blacks and other minorities was not precluded by First Amendment
  • “[L]egislation which proscribes the use of force or the threat of force should not be found to be void for vagueness.”
  • “the statute’s requirement of intent to intimidate serves to insulate the statute from unconstitutional application to protected speech”
  • “The government bears the ultimate burden of proving that [the defendant’s] actions were taken with the requisite intent to place them into [the] category [of a ‘true threat’].”
  • “The government bears the ultimate burden of proving that [the defendant’s] actions were taken with the requisite intent to place them into [the] category [of a ‘true threat’].”
  • reaffirming Hattrup's requirement of “demonstrable prejudice or substantial [threat] thereof”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Skopil, Fletcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.