THIRD CIRCUIT COURT OF APPEALS HAS ISSUED ITS DECISION IN THE SHAC 7 CASE

Full test of decision here.

The decision in the SHAC 7 case was filed in the Third Circuit Court of Appeals on October 14, 2009. Although our hopes were high that the court would recognize the constitutional and evidentiary problems raised in the SHAC 7 case, instead the court affirmed all counts and convictions against all defendants. As we have an opportunity to read through the 60 page decision and consult with the defendants and legal team on the case, we will post a more detailed analysis and response.

For now, the decision comes as a shock and disappointment, and another blow to our First Amendment rights. This decision seems to establish precedent that pure speech can easily land you in court and the threshhold of evidence required to send someone to prison is abhorrently low.

The only glimmer of hope in the opinion apparent at first read is the dissent authored by Judge Fisher who wrote: "I would reverse each Defendant’s conviction on Count One, because no rational trier of fact could have found the essential elements of the crime of conspiracy to violate the AEPA beyond a reasonable doubt."