Racism & Law

Dismissal of Charges Against White Supremacist Group Raises Constitutional Concerns

Dr. ADAM TABRIZ
5 min readFeb 23, 2024
Racism
Photo by Viviana Rishe on Unsplash

Overview of the Case and the “Rise Above Movement”

Federal charges against alleged members of the prohibiting, a violent white supremacist group accused of inciting violence at political rallies throughout California, have been dismissed for the second time in five years. U.S. District Judge Cormac J. Carney ruled that the Anti-Riot Act, under which the defendants were charged, was too broad and violated the First Amendment. The charges against four defendants, including the group’s alleged leader, Robert Rundo, were dismissed, leading to controversy and criticism of the decision.

The Rise Above Movement is a California-based white supremacist group that has been linked to violent attacks at political rallies and protests. The group’s members espouse neo-Nazi and white nationalist ideologies and have been known to engage in physical altercations with counter-protesters and law enforcement. The group gained notoriety for their involvement in the Unite the Right rally in Charlottesville, Virginia, where RAM members were seen engaging in violent clashes with anti-racist protesters. Civil rights organizations and politicians have widely condemned the group’s tactics and beliefs.

The Rise Above Movement has been the subject of multiple controversies and legal battles in recent years. In addition to the dismissed charges under the Anti-Riot Act, several members of the group have been arrested and charged with conspiracy to commit acts of violence. The group has also been accused of using social media and other online platforms to spread hate speech and incite violence. The group’s alleged ties to other far-right extremist groups have also come under scrutiny, with some experts warning of the potential for increased violence and radicalization.

The AntiRiot Act and its Implications

The Anti-Riot Act is a federal law enacted in 1968 prohibiting individuals from crossing state lines intending to incite or participate in a riot. The law also makes it illegal to use interstate commerce to incite a riot or to organize, promote, encourage, or partake in a riot. The law was designed to address concerns about civil unrest and riots during the 1960s, particularly in response to the civil rights movement. The Act has been used in recent years to prosecute individuals involved in violent protests and political rallies, including alleged members of the Rise Above Movement, a white supremacist group based in California.

The Anti-Riot Act has been controversial and criticized in recent years. Some civil rights advocates argue that the law is overly broad and can be used to suppress free speech and peaceful assembly. Others contend that the law is not practical in preventing violence and may even exacerbate tensions by criminalizing certain forms of protest. Additionally, there are concerns that the law can be used to selectively target specific groups, particularly those engaged in political activism.

The Anti-Riot Act has significantly impacted political rallies and protests in recent years, particularly in California. In 2017, alleged members of the Rise Above Movement were arrested and charged under the Act for their alleged involvement in violent clashes at political rallies throughout the state. However, the charges were dismissed by a federal judge in 2022 for the second time in five years, citing concerns about the government’s use of the law to target political dissent. The case highlights the complex legal and political issues surrounding using the Anti-Riot Act in the context of political activism and free speech.

The Judge’s Decision and its Significance

A federal judge in California has dismissed charges against alleged members of a violent white supremacist group for the second time in five years. The group, known as the Rise Above Movement, has been accused of inciting violence at political rallies throughout the state. The judge in this case, Cormac J. Carney, cited the Anti-Riot Act as unconstitutional and argued that the government had not proven that the defendants had traveled with the intent to incite a riot. Carney’s ruling has significant implications for future cases involving alleged white supremacists and their involvement in violent acts.

The judge’s ruling has been met with mixed reactions. Some have praised the decision, arguing that the Anti-Riot Act is overly broad and can be used to suppress free speech and political dissent. Others have expressed concern that the ruling may encourage white supremacist groups and lead to an increase in hate crimes and violence. The Southern Poverty Law Center, which tracks hate groups, has criticized the ruling, stating that it sends a message that “white supremacists can act with impunity” and that it is “a blow to the fight against hate and extremism.”

The implications of the judge’s ruling for future cases involving alleged white supremacists are significant. The ruling could make it more difficult for prosecutors to bring charges against individuals accused of inciting violence at political rallies or other public events. It may also lead to a reexamination of the Anti-Riot Act and its constitutionality, as well as a broader discussion about the role of the government in regulating speech and political activity. The ruling highlights the ongoing debate about the balance between free speech and public safety and the challenges of addressing hate crimes and extremism in a democratic society.

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Dr. ADAM TABRIZ
Dr. ADAM TABRIZ

Written by Dr. ADAM TABRIZ

In this vast tapestry of existence, I weave my thoughts and observations about all facets of life, offering a perspective that is uniquely my own.

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