Legal Commentary Network
The Ninth Circuit Errs in Santa Cruz City Council Protester Case
By VIKRAM DAVID AMAR and ALAN BROWNSTEINFindLaw columnist Vikram Amar and FindLaw guest columnist Alan Brownstein, both U.C., Davis, law professors, contend that the U.S. Court of Appeals for the Ninth Circuit reached the wrong decision in a recent First Amendment case. In the case, the Santa Cruz, California City Council ejected an audience member, Robert Morse, for giving a silent, one-second Nazi salute. Apparently, Norse was protesting the Council's decision to cut off another audience member, whose time to speak had expired. Meanwhile, other persons were causing a disruption in the room. When Norse refused to leave, he was arrested. Did the ejection and arrest violate his First Amendment rights? The Ninth Circuit said no, but Amar and Brownstein raise several important problems with the opinion's constitutional analysis, and especially with its ruling that this case was properly dismissed prior to trial. View more Commentary »