In re A.A.

Filed 12/20/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re A.A., a Person Coming 2d Juv. No. B289821 Under the Juvenile Court Law. (Super. Ct. No. PJ52668) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.A.,

Defendant and Appellant.

One of the goals of the juvenile law is reformation and rehabilitation of the minor’s attitude so that he respects the rights of others. Here, appellant seems to think that his felonious conduct is a springboard for braggadocio on the internet. Appellant has First Amendment freedom of speech rights. But the juvenile court may curtail such rights in an appropriate case by a narrowly tailored condition of probation. This is an appropriate case.

A.A. appeals a dispositional order adjudging him a ward of the juvenile court (Welf. & Inst. Code, § 602) and placing him on probation after the trial court sustained a petition for battery with serious bodily injury. (Pen. Code, § 243, subd. (d).) Appellant contends that a probation condition prohibiting him from discussing his case on social media is overbroad and violates his First Amendment rights. We affirm. Factual and Procedural History On July 24, 2017, appellant began shooting baskets on a YMCA basketball court that Arturo V. was using to coach a team of nine to eleven-year-old kids. Appellant visited the facility daily and knew that Arturo was a YMCA sports instructor. Arturo asked appellant to leave multiple times. He refused even though other courts were available. Arturo reached for appellant’s basketball. This made appellant angry and he “sucker punched” Arturo. He knocked Arturo unconscious in front of the youngsters. Arturo was transported to the hospital where he received stitches to the mouth and forehead. Despite two plastic surgeries, Arturo suffered permanent scarring. Before the jurisdictional hearing, appellant posted a social media photo of his court subpoena with the caption: “[N]ew Nexflix series coming. I’m a 16-year-old felon.” The juvenile court admonished appellant not to do any more social media postings. Appellant ignored the juvenile court’s order. During the jurisdictional hearing, appellant posted a video of himself dancing to music in front of the courthouse. When the juvenile court asked about it, appellant responded: “[P]eople knew I was in court; so I shot a video because I do have a lot of Instagram followers, and they do tend to like care in a sense of what I’m doing.” The juvenile court ordered defense