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

08/16/14 Sam Farr Votes Again and Again to Strengthen U.S.-Israel Military Ties   Santa Cruz Indymedia
08/16/14 WeCopwatch Reports on Protests and Police Abuses from Ferguson, Missouri   Police State and Prisons | Racial Justice
08/12/14 Youth Press Conference in San Francisco Calls Attention to Children at the Border   International | Americas | Immigrant Rights
08/09/14 Homeless Activists Urge ACLU to Take More Principled Stand on Criminalization of Sleep   Health, Housing, and Public Services | Santa Cruz Indymedia
08/09/14 Environmentalists, Farmers, Tribal Leaders Call for New Bay Delta Conservation Plan EIR   Environment & Forest Defense | California
08/09/14 Latino Activists Demonstrate in Solidarity with Children Detained by U.S., Killed in Gaza   Immigrant Rights
08/09/14 Community Calls for End to U.S. Funded, Seven-Year Siege by Israel's Military   Palestine
08/05/14 'Operation Chill' Provides Santa Cruz Police with New Weapon: Free Slurpees   Police State and Prisons | Santa Cruz Indymedia
08/04/14 Three-Time Killer Reinstated After Being Fired for Throwing CS Flash-Bang at Scott Olsen   Police State and Prisons
08/04/14 Angry Seniors, Teachers, Hotel Workers, Artists and Community Block Tech Buses in SF   Health, Housing, and Public Services
07/28/14 Project Could Launch New Oil Field in Condor Habitat, Waste Millions of Gallons of Water   Environment & Forest Defense | Santa Cruz Indymedia