Court Won't Hear Ariz. Gang Case
By EUN-KYUNG KIM
Associated Press Writer
WASHINGTON (AP)--The Supreme Court
refused to reverse an order Monday that
released a man who was jailed for giving
advice to members of an Arizona street
gang.
The case centers on Jerry Dean McCoy, a
former California gang member who moved to Tucson and
provided advice to his
girlfriend's son and other members of a street gang
called ``Bratz.'' His
suggestions ranged electing officers so they could
formalize their group to
collecting money for a bail fund to how to initiate
members joining or leaving the
group.
An Arizona jury convicted McCoy under a state law that
prohibits providing advice
to criminals or encouraging criminal activity. He was
sentenced to 15 years in
prison.
McCoy argued that his conviction was a constitutional
violation of First
Amendment free speech rights. His appeal was denied by
an Arizona court but a
federal district court overturned his conviction. The
9th U.S. Circuit Court of
appeals then affirmed McCoy's release.
Both federal courts agreed that the First Amendment
protected McCoy's
conversations with Bratz members. The federal appellate
court found they were a
``mere abstract advocacy'' and did not pose imminent
danger.
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http://www.ocnow.com/news/newsfd/shared/news/ap/ap_story.html/Washington/AP.V7201.AP-Scotus-Gang-Adv.html
