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U.S. v. RICHARDS

No. 13-20265.

755 F.3d 269 (2014)

UNITED STATES of America, Plaintiff-Appellant v. Ashley Nicole RICHARDS; Brent Justice, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 2014.

Attorney(s) appearing for the Case

John Michael Pellettieri, Esq. (argued), U.S. Department of Justice, Washington, DC, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellant.

Marjorie A. Meyers , Federal Public Defender, Philip G. Gallagher (argued), Assistant Federal Public Defender, Federal Public Defender's Office, Joyce A. Raynor, Esq. (argued), Houston, TX, for Defendants-Appellees.

Scott M. Hendler , Rebecca Ruth Webber , Hendler Law Firm, P.C., Austin, TX, Virginia Coleman, Cambridge, MA, James Scott Ballenger , Latham & Watkins, L.L.P., Jonathan R. Loworn , Humane Society of the U.S., Washington, DC, S. Amy Spencer , Latham & Watkins, L.L.P., New York, N.Y., Daphne L. Pattison , Silverman Law Group, Houston, TX, for Amicus Curiae.

Before WIENER, HAYNES, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge.

The First Amendment restrains government to "make no law ... abridging the freedom of speech." U.S. Const. amend. I. Speech, as expression, "arcs toward the place where meaning may lie,"1 and when that meaning is hurtful or dislikable — meaningful, perhaps, to the bigot, or the flag burner — courts must be vigilant to affirm First Amendment protection. See Snyder v. Phelps, ___ U.S. ___, ...

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