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Letter to House Judiciary on Consequences in Revenge Porn Cases in the SHIELD Act (January 2020)
Letter to the House Judiciary Committee regarding penalties and prosecutorial requirements for revenge porn cases, as proposed in the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2019 (H.R. 2896).
United States v. Clay
Brief for Amici Curiae of the National Association of Criminal Defense Lawyers, Reason Foundation and Five Criminal and Health Law Scholars In Support of Defendants-Appellants Urging Reversal.
Argument: This Court held in United States v. Whiteside, 285 F. 3d 1345, 1351 (11th Cir. 2002), that a false statement charge cannot succeed when the statement is true under an objectively reasonable interpretation of the law. Under Whiteside, a statement is knowingly false only when its falsity is clear. Whiteside is an important protection against inappropriate prosecutions. Whiteside prevents government overreaching in uncertain regulatory environments. Whitesidecurbs inappropriate prosecutions based on breach of contract. Whiteside protects against arbitrary and inconsistent enforcement, as occurred here. The Whiteside question should have been resolved by the district court, and this Court should conduct the Whiteside analysis de novo.