Human beings need sleep. Homeless people are human beings. Therefore, homeless people need sleep and shouldn’t be banned from getting it in what is often the only place they can: outdoors. That’s the simple argument the Justice Department is making in a case out of Boise, Idaho, one of the many U.S. cities with inadequate shelter space that have nonetheless attempted to bar unhoused people from sleeping outside.

Today in Philadelphia, the 3rd Circuit Court of Appeals is hearing Andrew "Weev" Auernheimer's appeal of his 2012 conviction under the much-maligned Computer Fraud and Abuse Act (CFAA). Auernheimer is currently serving a 41-month term in prison for what the government says was "unauthorized access" of AT&T's servers in 2010.