Peanuts? Popcorn? First Amendment?

A Mayor proposed the city enter into an agreement with Immigration and Customs Enforcement [ICE] to have its police officers designated immigration agents. Members of the public were invited to comment at a City Council meeting. Jim Gilchrist, co-founder of the Minuteman Project, was one of the first speakers. At the conclusion of his remarks, Gilchrist asked that anyone who favored what he had to say should stand. About 50 minutes later, a member of the public, the plaintiff herein, was visibly emotional and agitated when he spoke. When he finished, he also asked anyone who favored his remarks to stand, and the Mayor cut his time short. He called the Mayor “a racist pig” twice, and then “a f***ing racist pig,” and was removed from the meeting. BTW, the proposal passed by a three to two vote of the Council. Plaintiff brought an action under the First Amendment, and the district court dismissed his challenge to the city’s ordinance which makes it a misdemeanor for members of the public who speak at meetings to engage in “disorderly, insolent, or disruptive behavior.” The Ninth Circuit reversed the trial court’s constitutional ruling and found the ordinance facially invalid. Acosta v. City of Costa Mesa  (Ninth Cir.; May 3, 2013) (Case No. 10-56854).