top
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Sun May 6 2012 (Updated 05/07/12)
The California Constitution "Is Broader and More Protective Than the First Amendment"
Sun May 6 2012 (Updated 05/07/12)
ACLU-NC Submits Brief in Support of Indybay's Bradley Stuart Allen and Alex Darocy
The American Civil Liberties Union of Northern California filed a brief as amicus curiae, on May 3rd, in support of Bradley Stuart Allen and Alex Darocy’s motion to dismiss, pursuant to Penal Code section 995, pending before the Superior Court of California for the County of Santa Cruz.

The 995 motion to dismiss, and a motion to dismiss for selective prosecution, were filed by Allen's attorney, Benjamin Rice, and Darocy's attorney, George Gigarjian.

The ACLU of Northern California concludes, "The prosecution’s theories of liability for conspiracy to trespass and aiding and abetting trespass seek to punish Allen and Darocy for activity they engaged in that is protected by the First Amendment and the liberty of speech clause of the California Constitution. This type of prosecution endangers the freedom of the press by punishing journalists based on the content and viewpoint of the material they publish, by impermissibly burdening newsgathering, and by ultimately restricting the public’s access to newsworthy events. The Court should dismiss the conspiracy charges, as well as any other charges that rest upon an aiding-and-abetting theory of liability."

imc_pdf.gifRead More and Download the Documents

See Also: Indybay Journalists Charged with Felony: Conspiracy to Make Media | Community Members Rally for Charges to Be Dropped Against the Santa Cruz Eleven | Support the Santa Cruz Eleven
08/29/16 Teo Valencia Family Files Federal Lawsuit Against City of Newark and Conrad Rogers Police State and Prisons | Racial Justice | East Bay | Government & Elections08/24/16 Filthy & Dehumanizing Santa Rita Jail to Improve Treatment of Women In Custody Front Page | Police State and Prisons | Womyn | East Bay08/20/16 Tribes Push Back Against Yet Another Threat to Clean Water Front Page | Environment & Forest Defense | Racial Justice | U.S.08/20/16 Grand Jury Releases Report on 2015 Jail Death of Krista DeLuca Front Page | Police State and Prisons | Health, Housing, and Public Services | Santa Cruz Indymedia08/20/16 Nationally-Coordinated Prisoner Work Stoppage on Anniversary of Attica Prison Uprising Front Page | Police State and Prisons | Global Justice and Anti-Capitalism | U.S.08/19/16 Renter Protections on the November Ballot for Six Bay Area Cities Front Page | Health, Housing, and Public Services | East Bay | Peninsula | California08/19/16 Bulletproof "Shoot First, Ask Questions Later" Training Relocated to San Jose Church Front Page | Police State and Prisons | South Bay | East Bay | California08/18/16 The PR Campaign to Uplift Police & Demonize Those Who Call for Accountability Front Page | Police State and Prisons | Racial Justice | Indymedia | San Francisco | California | U.S.08/14/16 California Coastal Commission Upholds Public Access for All Police State and Prisons | Environment & Forest Defense | Health, Housing, and Public Services | Government & Elections | Santa Cruz Indymedia08/14/16 Santa Cruz NAACP Plans Peace Party with Local Police Police State and Prisons | Racial Justice | Santa Cruz Indymedia08/11/16 Residents Look for New Places to Live Following Chinatown Homeless Sweeps Front Page | Health, Housing, and Public Services | Government & Elections | Santa Cruz Indymedia
Related Categories: California | Santa Cruz Indymedia | U.S. | Global Justice and Anti-Capitalism | Indymedia | Police State and Prisons | Front Page
Sea Otter Shootings in Santa Cruz County Central Coast Animal News Monday Aug 29th 5:34 PM
Scott Sternberg of Beverly Hills is behind Richmond’s mass evictions Lynda Carson (1 comment) Thursday Aug 25th 4:45 PM
1.8 Million Acres of Sierra Nevada Habitat Protected for Imperiled Frogs, Toads Center for Biological Diversity Thursday Aug 25th 10:18 AM
Stop massive and possibly illegal statewide tree cutting by PG&E! via Valley Women's Club of San Lorenzo Valley (4 comments) Wednesday Aug 24th 1:33 PM
Grazing in National Forest Restricted to Protect Rare California Frogs, Toads Center for Biological Diversity Monday Aug 22nd 4:23 PM
California Mission Foundation Tries to Declare El Camino Real a UNESCO World Heritage Site via Amah Mutsun Tribal Band (1 comment) Monday Aug 22nd 2:25 AM
Where The Bulletproof Warrior Went Oakland Privacy Thursday Aug 18th 2:36 PM
More Local News...
[ × close ]
Lawsuit Launched Over California Cities' Killing of Threatened Santa Ana Suckers Center for Biological Diversity Monday Aug 22nd 4:29 PM
Justice For CTC Whistleblower Kathleen Carroll-Statement At Sacramento Trial Labor Video Project (1 comment) Tuesday Aug 9th 9:56 PM
Millions of Acres of Forest Will Remain Protected for Marbled Murrelets in WA, OR, CA Center for Biological Diversity Wednesday Aug 3rd 3:37 PM
Fired CTC Whistleblower Kathleen Carroll's Lawyer Dan Siegel On Retaliation Witnesses Labor Video Project (1 comment) Tuesday Aug 2nd 7:55 AM
Massive Mine Threatens America's Only Known Jaguar, Local Water Supplies Center for Biological Diversity Friday Jul 29th 6:16 PM
Nuclear Shutdown News July 2016 Michael Steinberg Friday Jul 29th 1:23 PM
Exoneration of Honorable Marcus Garvey ~ UNIA-ACL ~ August 2016 Senghor Jawara Baye Wednesday Jul 27th 10:21 AM
Pipeline Company in Southern California Oil Spill Has Long History of Leaks Center for Biological Diversity Friday Jun 24th 5:04 PM
More Global News...
[ × close ]
Marcus Mosiah Garvey Birthday Celebration ~ Sacramento, CA Robert Vinson Saturday Aug 13th 12:11 PM
Justin Vineyards criticized for clear-cutting oaks Skye Ravy, Paso Robles Daily News (2 comments) Saturday Jun 11th 4:06 PM
6/7/16 End of Act 1 of Staged Presidential Election Register Peace & Freedom or Green Wednesday Jun 8th 6:48 AM
US Encirclement of Russia Accelerates; 5/23/16 Voter Reg Deadline for 6/7/16 Election Register Peace & Freedom or Green Wednesday May 18th 9:10 PM
Men with "gender identity" problems are not safe for women & girls AKA (1 comment) Wednesday May 18th 12:59 AM
Animal Activist Marcy Winograd wins freedom of speech appeal Liberté D'expression Monday May 9th 6:59 PM
Open Newswire...
[ × close ]