Brief filed: 10/04/2010
United States v. Kerik
2nd Circuit Court of Appeals; Case No. 10-0865
Punishing speech critical of public officials and public conduct without compelling justification erodes core constitutional values, and punishing a criminal defendant for the speech of his supporters was an improper ground for increasing the defendant’s sentence and chills critics’ First Amendment rights. Likewise, punishing the defendant for failure to disavow statements by his supporters criticizing the prosecution in his case was also an improper ground for increasing his sentence, and impinges on the defendant’s Fifth Amendment right to remain silent.
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