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State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct,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