An FBI agent and a federal prosecutor were shielded by qualified immunity when they approached both the maker and the Internet distributor of a fictional film about a U.S. Army takeover of Times Square and asked them to stop showing the film, the 2nd U.S. Circuit Court of Appeals ruled Friday.
While the circuit upheld Southern District of New York Judge Kevin Castel’s finding on immunity, the panel disagreed with his finding that the actions of Special Agent Joseph Metzinger and Assistant U.S. Attorney Lisa Korologos could not be found by a reasonable juror to be coercive under the First Amendment.
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