Legal Opinion

Travis Seals v. Brandon McBee

Court of Appeals for the Fifth Circuit

Decided August 3, 2018No. 17-30667PublishedCited by 28 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

*590 Louisiana Revised Statutes § 14:122 criminalizes "the use of violence, force, or threats" on any public officer or employee with the intent to influence the officer's conduct in relation to his position. Travis Seals threatened police when arrested; he facially challenges Section 14:122 as unconstitutionally overbroad in violation of the First Amendment. The district court agreed with Seals. Because the meaning of "threat" is broad enough to sweep in threats to take lawful, peaceful actions-such as threats to sue a police officer or challenge an incumbent…

2Cases cited56 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  5. Bennett v. SpearSupreme Court of the United States · 1997

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3Cited by28 opinions

  1. Zulema Longoria v. San Benito Indep Con Sch DistCourt of Appeals for the Fifth Circuit · 2019
  2. McClelland v. Katy Indep Sch DistCourt of Appeals for the Fifth Circuit · 2023
  3. National Press v. McCrawCourt of Appeals for the Fifth Circuit · 2024
  4. Rancho Viejo Waste Mgmt., LLC v. City of LaredoDistrict Court, S.D. Texas · 2019
  5. Speech First, Inc. v. FenvesDistrict Court, W.D. Texas · 2019

23 more not listed; retrieve them via the Exa API.

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