What is the standard of review for First Amendment defense?
California, United States of America
The following excerpt is from People v. A.S. (In re A.S.), E063044 (Cal. App. 2016):
In sum, defendant fails to raise a plausible First Amendment defense based on the facts of his case that would trigger our independent review of the record, and so we apply the sufficiency of the evidence standard of review. (People v. Wilson, supra, 186 Cal.App.4th at p. 805.)
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