No. 21-928

Alan Hutzel v. Georgia

Lower Court: Georgia
Docketed: 2021-12-23
Status: Denied
Type: Paid
Response Waived
Tags: anonymous-speech anti-mask-law conduct-of-others constitutional-rights first-amendment free-speech intent-to-intimidate rally-conduct
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Does finding of an intent to intimidate for the purpose of an anti-mask law conviction based solely on the conduct of others violate the First Amendment to the US Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does finding of an intent to intimidate for the purpose of an anti-mask law conviction based solely on the conduct of others violate the First Amendment to the US Constitution? 2. Does a conviction violate the First Amendment when the charging document with respect to intent to intimidate element merely charges that Defendant was present at the rally? 3. Assuming that the answer to the first two questions is “No.” — does the limiting construction of the Georgia anti-mask statute adopted by the Georgia Supreme Court run afoul of the First Amendment right to anonymous speech?

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Waiver of right of respondent The State of Georgia to respond filed.
2021-12-20
Petition for a writ of certiorari filed. (Response due January 24, 2022)

Attorneys

Alan Hutzel
Drago Cepar Jr.The Law Office of Drago Cepar, Petitioner
Drago Cepar Jr.The Law Office of Drago Cepar, Petitioner
The State of Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent