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McCOY v. STEWART

No. 01-15700.

282 F.3d 626 (2002)

Jerry Dean McCOY, Petitioner-Appellee, v. Terry STEWART; Grant Woods, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General; Randall M. Howe, Chief Counsel, Criminal Appeals Section; Ginger Jarvis (argued), Assistant Attorney General, Criminal Appeals Section, Phoenix, AZ, for the appellants.

T.S. Hartzell (argued), Tucson, AZ, for the appellee.

Before POLITZ, KOZINSKI, and O'SCANNLAIN, Circuit Judges.

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...

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