U.S. v. Johnson

Dist. Ct. did not err in denying defendants’ motion to dismiss their indictment on charges that they violated Animal Enterprise Terrorism Act (AETA) when they traveled from California to mink farm in Illinois and released approximately 2,000 minks while destroying their cages and damaging other property on mink farm. Ct. rejected defendants’ claim that AETA was unconstitutionally broad, even though defendants argued that AETA improperly criminalizes speech or expressive conduct that caused animal enterprise to lose profits or goodwill. Defendants also argued that: (1) AETA is void for vagueness because it invites discriminatory prosecutions; and (2) AETA improperly labeled defendants as “terrorists,” which, in turn, violated their substantive due process rights.