By BRUCE GOLDING
Last Updated: 10:06 AM, August 14, 2010//
The federal Second Circuit Court of Appeals in Manhattan overturned a lower-court ruling that said the move violated the Constitution by punishing ACORN without a trial.
“Despite that evidence of punitive intent on the part of some members of Congress . . . there is no congressional finding of guilt in this case,” the three-judge panel ruled.
But the appeals court also sent the case back to Brooklyn federal Judge Nina Gershon to consider ACORN’s claims that its free-speech and due-process rights were violated.
Congress cut off funding for ACORN last year after conservative activists recorded workers offering advice on how to set up a proposed prostitution business.