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U.S. v. WAGGY

No. 18-30171.

936 F.3d 1014 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Robert WAGGY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2019.

Attorney(s) appearing for the Case

Matthew Campbell , (argued), Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant-Appellant.

Timothy J. Ohms , (argued), Assistant United States Attorney; Joseph H. Harrington , United States Attorney; United States Attorney's Office, Spokane, Washington; for Plaintiff-Appellee.

Eugene Volokh , Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California; Aaron H. Caplan , Loyola Law School, Los Angeles, California; for Amici Curiae American Civil Liberties Union of Washington, Pennsylvania Center for the First Amendment, and Professors Aaron H. Caplan and Eugene Volokh.

Robert W. Ferguson , Attorney General; Megan D. Lin , Solicitor General's Office Fellow; Callie Castillo , Deputy Solicitor General; Office of the Attorney General, Olympia, Washington; for Amicus Curiae State of Washington.

Dissent by Judge Tashima.

OPINION

Defendant Robert Waggy repeatedly telephoned the Mann-Grandstaff Veterans Administration Medical Center ("Center"), a Department of Veterans Affairs ("VA") facility in Spokane, Washington. Some of those calls resulted in federal charges of telephone harassment in violation of Washington Revised Code section...

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