Senator Larry Craig’s attorney’s will argue that his foot-tapping and hand gestures under an airport bathroom stall is nothing more than free speech, protected by the Bill of Rights. Thus, Craig will attempt to take his place beside John Peter Zenger, Martin Luther King and others in the pantheon of American heroes who fought for First Amendment rights.
More on the wide-stanced crusader from the Star Tribune:
Idaho Sen. Larry Craig will argue before an appeals court that Minnesota’s disorderly conduct law is unconstitutional as it applies to his conviction in a bathroom sex sting, according to a new court filing.
This is the first time Craig’s attorneys have raised that issue. However, an earlier friend-of-the-court filing by the American Civil Liberties Union argued that Craig’s foot-tapping and hand gesture under a stall divider at the Minneapolis airport are protected by the First Amendment.
Craig has been trying to withdraw his guilty plea to disorderly conduct. A judge turned him down earlier this month, and now Craig is taking his request to the state Court of Appeals. The Republican at one point said he would resign but now says he will finish his term, in January 2009.
Craig’s legal arguments are previewed in a “statement of the case.” It says that the judge erred by not allowing Craig to withdraw his plea and that the judge who sentenced Craig never signed anything saying he accepted the guilty plea.
Craig was arrested in June by an undercover police officer who said the senator gestured in a way that indicated he wanted sex. Craig said the officer misconstrued those motions.
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