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Although some state and local governments are looking for ways to prohibit abusive, highly offensive speech that is directed toward someone, the First Amendment still protects that speech, unless it is designed to provoke a violent response from a particular person. That’s according to a recent ruling from the United States Fourth Circuit Court of Appeals in
United States v. Bartow, 2021 WL 1877821 (4th Cir. May 11, 2021), in which the court weighed the defendant’s free speech rights against a Virginia statute criminalizing abusive language that is reasonably calculated to provoke a violent response.
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An active-duty Marine has been charged with assaulting a U.S. Capitol Police officer in the Jan. 6 insurrection, the Department of Justice announced on Thursday.
Maj. Christopher Warnagiris of the U.S. Marine Corps, 40, was arrested in Virginia on Thursday after being charged with a number of federal crimes, including “assaulting, resisting or impeding certain officers” and obstructing law enforcement, according to charging documents. He’s the first known active-duty military member to have been charged with a crime in connection with the insurrection.
According to Maj. J. A. Hernandez, a spokesperson for the Marines, Warnagiris has served since 2002 and earned numerous awards. He was deployed in the Iraq and Afghanistan wars, according to Hernandez.
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