Jerry Dean McCoy v. Terry Stewart Grant Woods
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge.
We must decide whether words spoken by an admitted former member of a California gang to a group of Arizona gang members could properly be punished by state law or, instead, fell within the protective ambit of the First Amendment.
I
Jerry Dean McCoy was indicted in Arizona Superior Court on one count of participating in a criminal street gang in violation of A.R.S. § 13-2308, 1 a class 2 felony. The prosecution alleged that McCoy, formerly a member of a California street gang called “Toonerville,” advised a street gang who called themselves the “Bratz” or “Traviesos”…
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