“these materials, although controversial in their advocacy for insurrection, squatting, and anarchy, are all squarely constitutionally protected speech. The government cannot infringe upon one’s First Amendment right to read, possess, or write—unless the author is inciting imminent lawless action—anti-government or pro-revolution literature. And while some may see the ideas in Sanchez’s box as dangerous, anti-government zines and pamphlets are far more similar to the Revolutionary-era literature popular when the First Amendment was passed than today’s social media landscape, as Seth Stern of The Intercept points out.
However, after President Donald Trump signed an executive order in September designating “antifa” as a “major terrorist organization, prosecutors, like the ones in Sanchez’s case, are attempting to use materials that “explicitly [call] for the overthrow of the United States Government, law enforcement authorities, and our system of law” as evidence of criminality, despite their constituitonal protection.”