State of Washington v. E.J.J.

This court case is completed

The ACLU of Washington filed a friend-of-the-court brief, in Court of Appeals Division I, saying that individuals have a First Amendment right to observe police officers who are acting in their official capacity in public, and have the right to express discontent with police action.  The brief further argues that because E.J.J.’s conviction for obstruction was premised on his observing and critiquing police there was insufficient evidence of actual conduct rising to the level of obstruction to sustain his conviction. 

Division I ruled against Defendant and affirmed the conviction finding sufficient evidence of conduct to uphold an obstruction conviction.

Defendant petitioned the Washington State Supreme Court for review of the Division I opinion.  The Washington State Supreme Court granted review on November 7, 2013.  Oral argument is set for February 27, 2014.