Re:Judge rules Utah law banning undercover farm filming is u...
by wtallis on Saturday July 08, 2017 @02:57AM
(#14724460)
> "But it seems tenuous to me to claim that the state can criminalize trespassing, but not trespassing for the purposes of X, or conspiring to trespass to commit X, regardless of X."
In this case, X is speech protected by the First Amendment. The state cannot make "trespassing for the purposes of making legal speech" a worse crime than trespassing in general.
In this case, X is speech protected by the First Amendment. The state cannot make "trespassing for the purposes of making legal speech" a worse crime than trespassing in general.