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Both of those concerns seem to have coalesced in the arrest of a Connecticut high school student accused of posting racist comments about a classmate. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law. Mosley , 408 U.S.
After they defied him and continued to publish, he went to Connecticut to mail copies of the paper to an alias. He then used the mailing to have the sisters re-arrested for a federal misdemeanor for the interstate mailing. When supporters bailed them out, he had them arrested again.
The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutionallaws “untenable,” and held that “reasonable legal alternatives” must be effective. The defendants were sentenced to 15 days in jail, with credit for time served, and to pay fees and fines of $75.
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