State v. Donald W. Maier, 2013AP1391-CR, District 4, 5/8/14 (not recommended for publication); case activity The First Amendment did not preclude prosecuting Maier for stalking based on letters he sent because the letters constituted a “true threat” and thus were not protected speech. In 2006 a jury convicted Maier of threatening a judge. In 2011, after he… Read more
B. Speech
State v. Kaleb K., 2013AP839, District 4, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Kaleb posted a video on YouTube that depicted him “rapping” a song about his Spanish teacher. The song used “crude and vulgar sexual language” about the teacher. (¶2). (The trial court was harsher, characterizing the video as… Read more
Questions presented: 1. Massachusetts has a law that makes it a crime for speakers other than clinic employees or agents acting within the scope of employment to “enter or remain on a public way or sidewalk” within 35 feet of an entrance, exit, or driveway of “a reproductive health care facility.” Did the First Circuit err… Read more
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: The identity theft charge against Baron, sending emails from Fischer’s account without authorization and with intent to harm his reputation as a government official, survives strict scrutiny analysis under the First Amendment (freedom of speech clause): ¶45 To survive strict… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: The charge of identity theft, based on Baron’s alleged conduct in sending emails from Fischer’s account without authorization and with intent to harm his reputation, is “content based” within the meaning of First Amendment analysis: ¶38 In the case at… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: First amendment analysis applies to an identity theft charge alleging that Baron sent emails from Fischer’s account without authorization and with intent to harm his reputation: ¶16 In order to determine if a First Amendment analysis is required, we… Read more
State v. James F. Brienzo, 2003 WI App 203, PFR filed 10/10/03 For Brienzo: Jerome F. Buting Issue/Holding: Prosecution for attempted sexual assault of a child initiated over the Internet isn’t barred by the first amendment. ¶¶23-24, applying State v. Robins, 2002 WI 65, 253 Wis. 2d 298, 646 N.W.2d 287 (permitting prosecution for enticement). Same… Read more
