
Georgia prosecutors in different jurisdictions are using defendants' speech and writings as evidence in racketeering cases, a move that could have terrible ramifications for the First Amendment.
Congress passed the Racketeering Influenced and Corrupt Organizations (RICO) Act in 1970; more than 30 U.S. states, including Georgia, have passed their own versions in the years since. Nominally intended for use against criminal organizations like the Mafia, RICO statutes allow prosecutors to charge a large number of defendants by demonstrating that they are all part of a single criminal enterprise.