SF Bay Area Indymedia indymedia
Indybay About Contact Newsletter Calendar Publish Community

Santa Cruz Indymedia | Government & Elections | Health, Housing, and Public Services | Police State and Prisons | Front Page

Mon Dec 20 2010 Court Finds Free-Speech Issue in Nazi Salute
9th Circuit Mandates New Trial in Free Speech "Nazi Salute" Lawsuit Against City Tim Hull, Courthouse News writes: The 9th Circuit on Wednesday [Dec. 15] revived the First Amendment claim of a man who was kicked out of a Santa Cruz City Council meeting for giving a Nazi salute. Chief Judge Alex Kozinski wrote that a councilman's ensuing "hissy fit" may have disrupted the meeting more than the silent gesture.

Robert Norse was ejected from a Santa Cruz City Council meeting and arrested in 2002 for giving the board a "silent Nazi salute."

A full panel of the Pasadena-based federal appeals court ruled that the district court had failed to give Norse adequate notice and an opportunity to present evidence before dismissing his complaint in 2004.

In a separate, concurring opinion, joined by Judge Stephen Reinhardt, Kozinski said the incident would not have caused any disturbance if Councilman Tim Fitzmaurice had not thrown "a hissy fit."

"Councilman Fitzmaurice clearly wants Norse expelled because the 'Nazi salute' is 'against the dignity of this body and the decorum of this body' and not because of any disruption," Kozinski wrote. "But, unlike der Führer, government officials in America occasionally must tolerate offensive or irritating speech."

imc_pdf.gifimc_video.gifRead more | previous coverage: Jun 28th, 2010 | Mar 12th, 2010 | Nov 21st, 2009 | Apr 12th, 2007 | Dec 3rd, 2004

11/21/14 Students Protest Tuition Increases, Class Size, Fewer Classes, Cuts to Services   Education & Student Activism | Santa Cruz Indymedia
11/18/14 Indybay Journalist Assaulted by Leon Panetta's Security; Protesters Banned from Bookstore   Anti-War | Santa Cruz Indymedia
11/18/14 Santa Cruz Biotechnology Charged Again with Violating Animal Welfare Act   Animal Liberation | Santa Cruz Indymedia
11/14/14 Rasmea Odeh Conviction Protested Across U.S. by Supporters and Human Rights Activists   Police State and Prisons | Racial Justice | Palestine | Immigrant Rights
11/13/14 Santa Cruz Food Not Bombs Shares in Solidarity with Those Being Arrested in Florida   Health, Housing, and Public Services | Santa Cruz Indymedia
11/13/14 Grand Jury Investigation Found Recent Jail Deaths Were Preventable   Police State and Prisons | Santa Cruz Indymedia
11/12/14 Strikes by California RNs Kick Off Actions for Patient Safety and Ebola Precautions   Health, Housing, and Public Services | Labor & Workers | California
11/11/14 Whole Foods Workers Demand $5-An-Hour Across-the-Board Wage Increase in SF and East Bay   Labor & Workers
11/05/14 Californians Win Victories on Fracking Despite Deluge of Oil Industry Cash   Environment & Forest Defense | Santa Cruz Indymedia
11/05/14 Police Take Leadership Role in 2014 Peace and Unity March   Police State and Prisons | Santa Cruz Indymedia
11/04/14 Fifth Man Killed at the Hands of Salinas Police in 2014: Jaime Garcia   Police State and Prisons | Santa Cruz Indymedia