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UNITED STATES v. BARTOW

No. 19-4496.

997 F.3d 203 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jules A. BARTOW, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 11, 2021.

Attorney(s) appearing for the Case

ARGUED: Richard William Redmond , CLEARY, GOTTLIEB, STEEN & HAMILTON LLP, Washington, D.C., for Appellant. Daniel Taylor Young , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Frances H. Pratt , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, Aidan Taft Grano , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Thacker and Judge Quattlebaum joined.

Jules A. Bartow challenges his criminal conviction for using "abusive language" in violation of Virginia Code § 18.2-416, as assimilated by 18 U.S.C. § 13. The First Amendment permits criminalization of "abusive language," but only if the Government proves the language had a direct tendency to cause immediate...

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