August 04th, 2018

​US Court of Appeals for the Fifth Circuit Opinions

​Seals v. McBee

Docket: 17-30667
Opinion Date: August 3, 2018
Judge: Jerry E. Smith
Areas of Law: Civil Rights, Constitutional Law

The Fifth Circuit affirmed the district court's partial summary judgment in favor of plaintiff in an action challenging Louisiana Revised Statutes 14:122 as unconstitutionally overbroad in violation of the First Amendment. Louisiana Revised Statutes 14:122 criminalizes "the use of violence, force, or threats" on any public officer or employee with the intent to influence the officer's conduct in relation to his position. After determining that plaintiff had Article III standing to bring his claims, the court held that section 14:122 was unconstitutionally overbroad because the meaning of "threat" was broad enough to sweep in threats to take lawful, peaceful actions, such as threats to sue a police officer or challenge an incumbent officeholder.

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