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B. Speech

State v. Brian D. Robins, 2002 WI 65, on bypass For Robins: Craig W. Albee Issue: Whether  prosecution for child enticement initiated over the Internet violates the first amendment. Holding: The first amendment doesn’t extend to speech that is incidental to or part of the criminal course of conduct. ¶43. The child enticement statute regulates conduct, not speech… Read more

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State v. Murle E. Perkins, 2001 WI 46, 243 Wis. 2d 141, 626 N.W.2d 762, reversing 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25 For Perkins: William E. Schmaal, SPD, Madison Appellate Issue: Whether and to what extent threats are protected from prosecution under the first amendment. Holding: ¶17 This court agrees with the… Read more

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State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct,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

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