United States v. Gregg

OPINION OF THE COURT

OAKES, Circuit Judge.

In this case, the United States appeals the decision of the District Court for the District of New Jersey (John C. Lifland, Judge) that the defendants are jointly and severally liable, rather than individually liable, for statutory damages of $5,000 “per violation” of the Freedom of Access to Clinic Entrances Act (“FACE” or “the *256Act”), 18 U.S.C. § 248 (2000). Several defendants filed cross appeals, arguing that FACE is a violation of Congress’s authority under the U.S. Constitution’s Commerce Clause and of the First Amendment. We conclude that damages…