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Reason
Reason
Politics
Eugene Volokh

First Amendment Doesn't Protect Being "Foreign Government [Agent] Without Notice to the Attorney General"

From U.S. v. Liang, decided Tuesday by Judge Indira Talwani (D. Mass.):

Defendant Litang Liang is charged with acting as an agent of a foreign government without notice to the Attorney General, in violation of 18 U.S.C. § 951, and conspiracy to act as an agent of a foreign government without prior notification, in violation of 18 U.S.C. § 371. The Indictment alleges that between July 2018 through at least 2022, Liang acted under the control or direction of officials of the People's Republic of China ("PRC") without notifying the Attorney General of his status as an agent of a foreign government….

[I.] Facts as Alleged in the Indictment

[A.] Liang Provides Information Regarding Boston Individuals and Organizations to PRC Officials

In July 2018, Liang reported to a PRC official ("PRC Official 1") that someone had destroyed PRC flags in the Boston neighborhood of Chinatown. Liang provided PRC Official 1 with the name of the individual he believed to be responsible for the destruction.

In or around August 2018, Liang informed an associate that the PRC Consulate in New York wanted to know about the "political standing" of a local lawyer, and asked if the associate knew the lawyer. Liang also informed the same associate that the "Consulate" was coming to Boston and asked if the associate wanted to meet with the Consulate to discuss the "blacklist." Liang also informed the associate that PRC Official 1 wanted "something done" about the removal of the PRC flags. Approximately six days later, the associate sent Liang an email titled "Black Name List."

In or around September 2018, Liang helped to organize an event that was attended by PRC Official 1 and a high-ranking official at the PRC Consulate of New York ("PRC Official 2"). A few days later, PRC Official 1 asked Liang for the name of an individual who had attended the event and who worked for a Boston elected official. Liang provided PRC Official 1 the name and title of the individual.

On or about October 5, 2018, Liang shared photographs and videos with PRC Official 2 of the individual he claimed had "sabotaged" the PRC flags in July. Liang claimed to have held a press conference to denounce the individual.. Three days later, Liang shared an article with PRC Official 2 that accused a member of a local Chinese community organization with pro-Taiwan leanings of being the person who "sabotaged" the PRC flags.

On or about December 6, 2018, PRC Official 1 requested from Liang how many individuals worked for the pro-Taiwan community organization. Later that day, Liang and PRC Official 1 had a 15-minute phone conversation.

On or about February 10, 2019, Liang and PRC Official 1 had an approximately 12-minute phone conversation. Several days later, Liang sent PRC Official 1 a list of members of another pro-Taiwan community organization.

On or about February 21–22, 2019, Liang sent PRC Official 1 information about three other local Chinese family associations in New England and New York, including the size of each group's memberships and the names of some group leaders.

[B.] Liang's 2018 Travels to the PRC to Attend a Conference and Meet with Government Officials

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