Friday, February 11, 2011

Prosecution of Students Who Disrupted UC Irvine Speech by Israeli Ambassador

Volokh Conspiracy  "1. The relevant statute, Cal. Penal Code § 403, says: “Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character ... is guilty of a misdemeanor.” In re Kay (1970) held that, to be convicted under the statute, the prosecution must show “that the defendant [1] substantially impaired the conduct of the meeting by intentionally committing acts [2] in violation of implicit customs or usages or of explicit rules for governance of the meeting, of which he knew, or as a reasonable man should have known,” and [3] “the defendant’s activity itself — and not the content of the activity’s expression — substantially impairs the effective conduct of a meeting.” "

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