Social Media Influencer Wins Partial Reversal Of Keystone Terrain Park Trespassing Conviction

In a victory for social media influencer David Lesh, the 10th Circuit Court of Appeals in Denver has partially overturned his conviction stemming from a 2020 incident at Keystone Resort. Lesh, known online as the "most hated man in the Rockies," had been found guilty of both trespassing and unauthorized work activity on national forest land.

The controversy arose when Lesh posted videos and photos of himself snowmobiling in a closed terrain park at Keystone during the COVID-19 pandemic. While the trespassing conviction was upheld, the court threw out the unauthorized work activity charge. The appeals court determined that the regulation in question was too vague,  saying that it “does not fairly warn social media users that posting images on the internet could constitute a federal crime with imprisonment up to six months.”

Lesh's current legal team, the New Civil Liberties Alliance (NCLA), hailed the decision as a win for free speech online. "The government shouldn't be able to criminalize posting content on social media," said NCLA lawyer Catherine Steffens. "This is a significant victory for the First Amendment rights of all Americans."

However, the NCLA believes there's more to be done. They argue that Lesh's Sixth Amendment right to a jury trial might have been violated, as he wasn't offered one for either charge. They're exploring the possibility of appealing this aspect of the case to the U.S. Supreme Court.

Lesh, who represented himself during the initial trial, remains a controversial figure. While some view him as a reckless thrill-seeker, others see him as a victim of overzealous prosecution. Regardless, this case raises important questions about the legal boundaries of social media activity and the balance between free speech and public safety.