Constitutional Law

ACLU Backs Craig in Restroom Case

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The ACLU has filed a supporting brief in Sen. Larry Craig’s effort to revoke his guilty plea to a disorderly conduct charge in a restroom sex sting.

The conviction violates Craig’s right of free speech under the First Amendment and is unconstitutionally vague, the American Civil Liberties Union says says in a friend-of-the court filing today, according to ABC News and the Associated Press.

The foot-tapping and hand gesture Craig allegedly used to show his interest in sex with a male undercover police officer is protected speech, the ACLU contends. Plus, there is no proof, even if these were sex signals, that Craig intended to have sex in the Minneapolis-St. Paul airport restroom where the encounter took place, the brief continues.

Meanwhile, the restroom has become a tourist attraction, reports another Associated Press article.

More details about the case are provided in an earlier ABAJournal.com post.

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