State v. Robert T., 2008 WI App 22For Robert T.: Bradley J. Bloch Issue: Whether § 947.015 (2003-04) (“Bomb Scares”) is overbroad and therefore cannot support prosecution for a phoned-in but false bomb threat. Holding: ¶12 Robert T. argues that the statute suffers from overbreadth because it prohibits speech that could be protected. We disagree. Prior Wisconsin opinions… Read more
1. Constitutional issues
Ralph Ovadal v. City of Madison, 416 F.3d 351 (7th Cir 2005) Issue/Holding: Use of disorderly conduct to Overdal’s peaceful protest (displaying large signs on Beltline pedestrian overpass) was not unconstitutionally vague as applied to him; however, remand required to determine whether the ban was content neutral and narrowly tailored… Read more
State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct, § 947.01, even where no disturbance results. Holding: The disorderly conduct statute, applied to speech… Read more