United States v. Bolin, No. 19-2119 (2d Cir. 2020)
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Defendant appealed two special conditions of his supervised release stemming from his conviction for making a materially false, fictitious, and fraudulent statement and representation to FBI agents. The conditions prohibit him from: (a) engaging in conduct online that "promotes or endorses violence"; and (b) possessing or using a computer or other internet-capable device without participating in a monitoring program operated by the U.S. Probation Office.
The court concluded that the challenged conditions satisfy the "reasonably related" requirements of USSG 5D1.3(b)(1) and accord with the court's caselaw interpreting that provision. However, the court concluded that because of the vagueness of the condition prohibiting him from engaging in violence-promoting speech online in its present form, it infringes upon his rights to free speech guaranteed by the First Amendment to the U.S. Constitution. Accordingly, the court affirmed in part, vacated and remanded in part.
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