The Role of the Modern State Solicitor General: Current and Former SGs Weigh In
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First Amendment Defense in a Criminal Case
A North Carolina man was convicted of making an offensive gesture to a police officer. He had been stopped while driving, because he flipped the bird to a cop is kind of like an anti-cop message that he was trying to deliver. The lower courts had held that giving the finger to a cop provides reasonable suspicion of a crime. But there was no controlling precedent for this case and it raised difficult questions in terms of duty to defend.
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