first amendment speech problem

N.C. Gen. Stat. $ 301(a). It shall be unlawful to intentionally advise, encourage, persuade, or assist another person to commit murder in the first degree against a medical doctor. Pursuant to that investigation, ALF received a subpoena from the Durham County District Attorney requesting the following: A list of every individual who has reached out to ALF for advice, counseling, or membership information, and copies of all communications with those individuals." "The identity of any individual who photographed ALF's activities, as well as copies of any photographs that said individual took that are in ALF's possession." ALF has moved to quash the subpoena on behalf of it. Greg Gaines, and other potentially affected parties, claiming it violates the First Amendment. Discuss whether the subpoena will be granted m 2020, the North Carolina Legislature passed the Scientific Advancement & Freedom of Experimentation (SAFE) Act. The SAFE Act makes a felony for any person or group of persons to: (1) 'intentionally harass, injure, or intimidate, or attempt to intentionally harass, injure, or timidate, any person because that person has conducted scientific experiments on animals"; or (2) 'cause or encourage economic amage, physical disruption, or loss of property to an enterprise that has conducted such experiments." our research scientieto Dm ALLAH Four research scientists, Drs. Abe Allen, Betty Barnes, Clyde Chavis, and Dottie Dobbs, work at a Durham, North Carolina-based laboratory owned by Scilife, a firm that performs lab testing for corporations seeking to bring their products to market SciLife uses animals as test subjects in some of its testing. The Animal Liberation Front (ALF) is an animal rights advocacy organization. Part of its mission is to close laboratories like SciLife's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of The Animal Liberation Front (ALH) is an animal rights advocacy organization. Part of its mission is to close laboratones liko Scilite's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of providing the pet owner with shelter and adoption-related information in the owner's area. ALF's primary organizing tool is its website, though it also organizes press conferences and in-person protest activity as discussed in more detail below. A North Carolina trial court has convicted a number of ALF members, finding that several acts undertaken by them violated the SAFE Act: A North Carolina trial court has convicted a number of ALF members, finding that several acts undertaken by them violated the SAFE Act: Postings to the ALF website, under a section entitled "Accomplishments," of several successful protest activities that had previously taken place, including a 2010 break-in at a SciLife lab in Arkansas at which protesters "liberated 20,000 innocent mice," and a 2019 Visit to Dr. Allen's house in Durham where his two front windows were broken, a gallon of red paint was thrown on his front door, and his garage was plastered with large stickers depicting blown-up images of mutilated hamsters. The vandalism of Dr. Allen's home was the primary motivating factor in the Legislature's proposal and adoption of the SAFE Act.) Cronulihinn annetar calon The New Desan which leter Allan Romae Chore and Dohhoe nhanronhe nomoe e prudly mouvaly lactote Legislatures proposdianu au pur UI UE SACALL) Creating and publishing a poster called "The Deadly Dozen," which listed Allen, Barnes, Chavis, and Dobbs's photographs, names and home addresses along with eight other SciLife research scientists based in other states who were, in the words of the poster, considered armed and extremely dangerous to all of God's creatures--particularly the defenseless ones," and "GUILTY" of "cruel and Inhumane acts." The poster also offered a "$5,000 REWARD' for information concerning their activities that may lead to their arrest conviction, or removal from the practice of medicine." An ALF photographer, Greg Gaines, found the photographs of the scientists that were used in the poster by hacking into the SciLife Internal directory that is hosted on the company's Intranet network. The poster was disseminated on the ALF website and via hard copy outside the Durham SciLife lab at which the four scientists worked, as well as at an Al Enroee nonfaronne and coveral other inntinne olen onnegrert so o fill.none varieamont in the hom Horld.cn an ALF press conference and several other locations. It also appeared as a full-page advertisement in the Durham Herald-Sun. At an ALF-organized rally outside the Durham lab at which the four scientists worked, ALF's Grassroots Recruiting Director Fran Fields stated while dressed in combat fatigues that we are working to make what goes on in this lab illegal, and if that doesn't work, ALF has people who have been trained to make sure that the violent acts taken against animals in this building will permanently end." At that point, Dr. Barnes, who was a high-level SciLife administrator who did not conduct any lab testing herself but rather focused on grant- writing for SciLife's research activities, walked out of the lab on her way to lunch. Fields then turned her attention to Barnes, shouting heatedly at Barnes and the rally audience, "Here's one of our Deadly Dozen right now: "You're a puppy killer" and "We have your address, and we'll burn down your house!" When a police officer approached the podium from which Fields was speaking to get her to address, and we'll burn down your house!" When a police officer approached the podium from which Fields was speaking to get her to calm down, Fields became more animated, and shouted at the officer, "You damn pigs can't protect the puppy killers! It's you pigs, not these innocent puppies, who should be gutted!" Greg Gaines was at the rally as well and took several pictures and videos of Fran and the other protesters. ALF posted a few of these pictures and videos to its Facebook page, and other videos and pictures of the rally taken by attendees who did not work directly for ALF were posted by those individuals in the comments to the ALF post Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the *Deadly Dozen" poster, Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated With AI Arthammar Comentam un ar than nennunni hann annarne of the Raihdinte Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the "Deadly Dozen poster, Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated with ALF After the murder, Eames' name was struck through on subsequent hard-copy and online versions of the poster with red ink. Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the "Deadly Dozen" poster. As to the "Accomplishments" posting, the government is alleging a SAFE Act violation based on the posting itself which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence P. Wwwww which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence exists that any of the ALF defendants committed those acts. Fran Fields was convicted of an additional violation of the SAFE Act for her conduct at the rally outside of Durham SciLife In addition, Fields was also convicted of violating a separate North Carolina statute that made it unlawful to "breach the peace by intentionally interrupting a policeman with obscene, offensive, or opprobrious1 language while the officer is in execution of his duties." Finally, in addition to the SAFE Act and breach-of-the-peace prosecutions, ALF's members were convicted of violating the following statute: N.C. Gen. Stat. $ 101(c). It shall be a felony to publicly advertise or offer the exchange of funds in return for personal or employment- related information concerning another person working in the field of scientific research that is otherwise not publicly available for the purpose of intimidation tampering, or otherwise interfering with that individual's work N.C. Gen. Stat. $ 301(a). It shall be unlawful to intentionally advise, encourage, persuade, or assist another person to commit murder in the first degree against a medical doctor. Pursuant to that investigation, ALF received a subpoena from the Durham County District Attorney requesting the following: A list of every individual who has reached out to ALF for advice, counseling, or membership information, and copies of all communications with those individuals." "The identity of any individual who photographed ALF's activities, as well as copies of any photographs that said individual took that are in ALF's possession." ALF has moved to quash the subpoena on behalf of it. Greg Gaines, and other potentially affected parties, claiming it violates the First Amendment. Discuss whether the subpoena will be granted m 2020, the North Carolina Legislature passed the Scientific Advancement & Freedom of Experimentation (SAFE) Act. The SAFE Act makes a felony for any person or group of persons to: (1) 'intentionally harass, injure, or intimidate, or attempt to intentionally harass, injure, or timidate, any person because that person has conducted scientific experiments on animals"; or (2) 'cause or encourage economic amage, physical disruption, or loss of property to an enterprise that has conducted such experiments." our research scientieto Dm ALLAH Four research scientists, Drs. Abe Allen, Betty Barnes, Clyde Chavis, and Dottie Dobbs, work at a Durham, North Carolina-based laboratory owned by Scilife, a firm that performs lab testing for corporations seeking to bring their products to market SciLife uses animals as test subjects in some of its testing. The Animal Liberation Front (ALF) is an animal rights advocacy organization. Part of its mission is to close laboratories like SciLife's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of The Animal Liberation Front (ALH) is an animal rights advocacy organization. Part of its mission is to close laboratones liko Scilite's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of providing the pet owner with shelter and adoption-related information in the owner's area. ALF's primary organizing tool is its website, though it also organizes press conferences and in-person protest activity as discussed in more detail below. A North Carolina trial court has convicted a number of ALF members, finding that several acts undertaken by them violated the SAFE Act: A North Carolina trial court has convicted a number of ALF members, finding that several acts undertaken by them violated the SAFE Act: Postings to the ALF website, under a section entitled "Accomplishments," of several successful protest activities that had previously taken place, including a 2010 break-in at a SciLife lab in Arkansas at which protesters "liberated 20,000 innocent mice," and a 2019 Visit to Dr. Allen's house in Durham where his two front windows were broken, a gallon of red paint was thrown on his front door, and his garage was plastered with large stickers depicting blown-up images of mutilated hamsters. The vandalism of Dr. Allen's home was the primary motivating factor in the Legislature's proposal and adoption of the SAFE Act.) Cronulihinn annetar calon The New Desan which leter Allan Romae Chore and Dohhoe nhanronhe nomoe e prudly mouvaly lactote Legislatures proposdianu au pur UI UE SACALL) Creating and publishing a poster called "The Deadly Dozen," which listed Allen, Barnes, Chavis, and Dobbs's photographs, names and home addresses along with eight other SciLife research scientists based in other states who were, in the words of the poster, considered armed and extremely dangerous to all of God's creatures--particularly the defenseless ones," and "GUILTY" of "cruel and Inhumane acts." The poster also offered a "$5,000 REWARD' for information concerning their activities that may lead to their arrest conviction, or removal from the practice of medicine." An ALF photographer, Greg Gaines, found the photographs of the scientists that were used in the poster by hacking into the SciLife Internal directory that is hosted on the company's Intranet network. The poster was disseminated on the ALF website and via hard copy outside the Durham SciLife lab at which the four scientists worked, as well as at an Al Enroee nonfaronne and coveral other inntinne olen onnegrert so o fill.none varieamont in the hom Horld.cn an ALF press conference and several other locations. It also appeared as a full-page advertisement in the Durham Herald-Sun. At an ALF-organized rally outside the Durham lab at which the four scientists worked, ALF's Grassroots Recruiting Director Fran Fields stated while dressed in combat fatigues that we are working to make what goes on in this lab illegal, and if that doesn't work, ALF has people who have been trained to make sure that the violent acts taken against animals in this building will permanently end." At that point, Dr. Barnes, who was a high-level SciLife administrator who did not conduct any lab testing herself but rather focused on grant- writing for SciLife's research activities, walked out of the lab on her way to lunch. Fields then turned her attention to Barnes, shouting heatedly at Barnes and the rally audience, "Here's one of our Deadly Dozen right now: "You're a puppy killer" and "We have your address, and we'll burn down your house!" When a police officer approached the podium from which Fields was speaking to get her to address, and we'll burn down your house!" When a police officer approached the podium from which Fields was speaking to get her to calm down, Fields became more animated, and shouted at the officer, "You damn pigs can't protect the puppy killers! It's you pigs, not these innocent puppies, who should be gutted!" Greg Gaines was at the rally as well and took several pictures and videos of Fran and the other protesters. ALF posted a few of these pictures and videos to its Facebook page, and other videos and pictures of the rally taken by attendees who did not work directly for ALF were posted by those individuals in the comments to the ALF post Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the *Deadly Dozen" poster, Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated With AI Arthammar Comentam un ar than nennunni hann annarne of the Raihdinte Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the "Deadly Dozen poster, Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated with ALF After the murder, Eames' name was struck through on subsequent hard-copy and online versions of the poster with red ink. Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the "Deadly Dozen" poster. As to the "Accomplishments" posting, the government is alleging a SAFE Act violation based on the posting itself which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence P. Wwwww which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence exists that any of the ALF defendants committed those acts. Fran Fields was convicted of an additional violation of the SAFE Act for her conduct at the rally outside of Durham SciLife In addition, Fields was also convicted of violating a separate North Carolina statute that made it unlawful to "breach the peace by intentionally interrupting a policeman with obscene, offensive, or opprobrious1 language while the officer is in execution of his duties." Finally, in addition to the SAFE Act and breach-of-the-peace prosecutions, ALF's members were convicted of violating the following statute: N.C. Gen. Stat. $ 101(c). It shall be a felony to publicly advertise or offer the exchange of funds in return for personal or employment- related information concerning another person working in the field of scientific research that is otherwise not publicly available for the purpose of intimidation tampering, or otherwise interfering with that individual's work