Tenth Circuit Overturns NCLA Client’s Wrongful Conviction Under USFS Regulation for Instagram Post.

“…Today, the U.S. Court of Appeals for the Tenth Circuit overturned New Civil Liberties Alliance client David Lesh’s criminal conviction for allegedly violating a regulation promulgated by the U.S. Forest Service (USFS). The Court ruled that the USFS regulation banning unauthorized ‘work activity or service’ on USFS lands is impermissibly vague as applied to his conduct. This means Mr. Lesh could not have known that taking photos on USFS land and posting them to his personal Instagram account would be punishable under the regulation. The Tenth Circuit, under binding Supreme Court precedent, determined that Mr. Lesh was not deprived of his Sixth Amendment right to a jury trial because the so-called petty offense exception applies, but two judges implied that the exception might be inconsistent with the Constitution and should be revisited…”

Why is the Forest Service promulgating regulations and being judge and jury in-house?