FirstAmendment JusticiabilityDoctri
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?
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?