Florida v. Figueroa-Santiago [1]

The State of Florida filed criminal charges against three men for allegedly violating a state law prohibiting the promotion of gang activity over the Internet. The statute, Fla. Stat. 874.11, was adopted on June 30, 2008 [2] as part of the "Criminal Gang Prevention Act [3]," and became effective October 1, 2008. The statute provides:

874.11  Electronic communication.--Any person who, for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, uses electronic communication to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, such activities as distributing, selling, transmitting, or posting on the Internet any audio, video, or still image of criminal activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Violators face a maximum of five years in prison [4].  The three defendants were arrested in November 2008, along with [5] 12 others [6].  "Richard Figueroa-Santiago, 22, and Elvis Rodriguez, 30, are accused of posting pictures of themselves making gang hand signals and wearing colors associated with the Latin Kings," according to the Naples Daily News [7]. 

Lawyers for Figueroa-Santiago and Rodriguez filed motions to dismiss the case, arguing that the statute violates the First Amendment.  Judge Ramiro Mañalich heard arguments on the motions on August 4, 2009, and reserved decision.  The third defendant, Obduella David Soto, did not file a motion to dismiss.

Update:

9/2009 - Soto joins in the motions to dismiss.

1/8/2010 - Judge Mañalich denies the motions to dismiss [8].

1/12/2010 -  Soto pleads no lo contendre to the charges against him.