Constitutional Law

9th Circuit reinstates Nazi-salute lawsuit

By By The Associated Press

SAN FRANCISCO ? A federal appeals court yesterday ordered a trial judge to reconsider a lawsuit by a Santa Cruz man who was arrested for raising a Nazi salute during a city council meeting.

Robert Norse claimed his free-speech rights were violated with the 2002 arrest.

Norse said he was protesting the mayor unfairly cutting off a speaker who was criticizing the council. He says he abhors the Nazi's views.

The city argued the salute was part of an organized effort to disrupt the meeting.

A federal trial judge dismissed the lawsuit in 2007, and a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld that decision.

An 11-judge panel of the 9th Circuit agreed to rehear the case, and it decided yesterday in Norse v. City of Santa Cruz to reinstate the lawsuit. The court said U.S. District Judge Ronald Whyte in San Jose needed to hear more evidence after he gave Norse's lawyers just two days to prepare for a pivotal court hearing to determine whether to dismiss the lawsuit.

The unanimous court didn't decide whether Norse's free-speech rights had been violated. The court did dismiss the arresting police officer from the lawsuit, ruling he was following proper procedures when the mayor complained Norse was disrupting the meeting and Norse refused orders to leave.

Norse's salute and arrest was captured on videotape, and Judge Whyte and the three-judge 9th Circuit panel relied on the clip to rule in the city's favor.

The five-minute clip shows a frustrated council trying to maintain order during a rancorous meeting. At the midway point, the mayor tells a speaker her time has expired and asks her to step away from the lectern. As she leaves, Norse raises his left hand in a Nazi salute in support of the dismissed speaker.

When Norse refused an eviction order after the gesture, he was arrested and charged with disorderly conduct. The charges were later dropped and Norse sued the city, mayor, city council and arresting officer.

Full post as published by First Amendment Center on December 15, 2010 (boomark / email).