No. 20-7377
Benjamin Drake Daley v. United States
IFP
Tags: anti-riot-act civil-rights civil-unrest criminal-prosecution due-process facial-constitutionality federal-statute first-amendment free-speech interstate-commerce overbreadth standing
Key Terms:
FirstAmendment JusticiabilityDoctri
FirstAmendment JusticiabilityDoctri
Latest Conference:
2021-06-10
Related Cases:
20-1241
(Vide)
Question Presented (from Petition)
1. Whether 18 U.S.C. § 2101, the Anti-Riot Act, is facially invalid under the First Amendment.
2. If so, are the constitutionally infirm provisions of the statute severable.
3. Whether a defendant's plea to conspiring to commit a federal statute is unknowing, unintelligent, and involuntary when significant portions of the statute are later declared to be unconstitutional.
Question Presented (AI Summary)
Whether 18 U.S.C. § 2101, the Anti-Riot Act, is facially invalid under the First Amendment
Docket Entries
2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-04-02
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-04-01
Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-16
Supplemental brief of petitioner Benjamin Daley filed.
2021-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)
Attorneys
Benjamin Daley
Lisa M. Lorish — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent