Description

This is the Motion for Summary Judgment(MSJ) filed in Chaker v. Crogan. Although Judge Barry Moskowitz denied the motion, he agreed the statute "probably" violates the First Amendment, however did not believe it fit within a habeas context. Nonetheless, you can't appeal what was not brought before the lower court--thus this MSJ setforth all of the issues needed to be pursued in the Court of Appeal.

On a side note, I've met Judge Moskowitz at social functions, admire him as a person along with his intellect. His nickname, is 'midnite Barry' earned by being up until the late hours working on cases. In short, he's not a 9-5 judge.

Viewpoint discrimination, Jones & Meyer, ACLU, First Amendment, Darren Chaker