· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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