RALEIGH, N.C. —
Biggs cited in large part previous state appellate court rulings examining previous versions of the anti-rioting law that she declared protects free speech and peaceful protestors whom the ACLU feared could be wrongly arrested. The lawsuit considered by Biggs, who was nominated to the bench by then-President Barack Obama, focused on the law’s definition of a riot, which was unchanged by the new legislation.
Lawyers for state Attorney General Josh Stein, a Democrat and lawsuit defendant along with the DAs, wrote in legal briefs that the state ACLU was wrong to argue that its members could be prosecuted for participating peacefully in a protest.
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