United States v. Miselis

972 F.3d 518 (2021)

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United States v. Miselis

United States Court of Appeals for the Fourth Circuit
972 F.3d 518 (2021)

Facts

Michael Miselis and Benjamin Daley (defendants) violently participated in three White supremacist rallies in California and Virginia. They each entered a conditional guilty plea for violating the federal Anti-Riot Act, reserving the right to challenge the act’s constitutionality. On appeal, they argued that the Anti-Riot Act was unconstitutional for (1) overbreadth because it criminalized speech protected by the First Amendment’s Free Speech Clause and (2) vagueness because its definition of riot was insufficiently clear to satisfy the Fifth Amendment’s Due Process Clause.

Rule of Law

Issue

Holding and Reasoning (Diaz, J.)

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