Does free speech extend to protecting photos of illegal activities?
in a March 15 decision issued by U.S. District Judge Daniel D. Domenico. While Domenico acknowledged that “classlessness is within the bounds of the First Amendment,” he dismissed the legal arguments.
On June 9, Lesh appealed again, this time to the 10th Circuit Court of Appeals, arguing that the USFS's delineated boundaries were not legally clear; that his post to Instagram was free speech and therefore protected; that the regulations from the USFS were improperly set by a non-Congressional agency and were therefore unlawful themselves; and that his right to a jury trial was denied him.
Rollins declines to say much more about Lesh's appeal beyond offering briefs that show the NCLA is again focusing on governmental overreach, the delegation of punitive power, trial procedure for petty offenses, and unconstitutional limits on free speech. But Lesh is not being penalized for posting the photo; he’s being penalized for doing the thing in the photo. The fact that he posted it for all to see in some sad stab at internet notoriety isn’t the crime, but proof of the crime. And also perhaps proof that Lesh isn’t that strong a thinker .
Whether the judges will go for this appeal is anyone's guess. But one verdict is in: David Lesh is a guy who just continues to crap all over pretty much anything he touches., it has been defined as the free, independent voice of Denver, and we'd like to keep it that way. With local media under siege, it's more important than ever for us to rally support behind funding our local journalism.
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