Reply #7: Busted for talking

[madmusic]

OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether words spoken by an admitted for-
mer member of a California gang to a group of Arizona gang
members could properly be punished by state law or, instead,
fell within the protective ambit of the First Amendment.
I
Jerry Dean McCoy was indicted in Arizona Superior Court
on one count of participating in a criminal street gang in vio-
lation of A.R.S. § 13-2308,1 a class 2 felony. The prosecution
alleged that McCoy, formerly a member of a California street
gang called "Toonerville," advised a street gang who called
themselves the "Bratz" or "Traviesos" on at least two separate
occasions on how to operate their gang: once at a barbeque at
Bratz member Eddie Rodriguez's house,2 and once at a party
held at the residence of another Bratz member. A jury con-
victed him. The trial judge sentenced McCoy to fifteen years
of imprisonment, citing as aggravating circumstances his
criminal history and that he was on parole at the time of the
offense.

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