McCullen v. Coakley, USSC No. 12-1168, 2014 WL 2882079 (June 26, 2014), reversing McCullen v. Coakley, 708 F.3d 1 (1st Cir. 2013); Scotusblog page (includes links to briefs and commentary) In this decision the Supreme Court strikes down a Massachusetts law making it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care… Read more
19. First Amendment
Questions presented Whether, consistent with the First Amendment and Virginia v. Black, 538 U.S. 343 (2003), conviction of threatening another person requires proof of the defendant’s subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a… Read more
State v. Donald W. Maier, 2013AP1391-CR, District 4, 5/8/14 (not recommended for publication); case activity The First Amendment did not preclude prosecuting Maier for stalking based on letters he sent because the letters constituted a “true threat”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
State v. Philip B. Caminiti, 2013AP730-CR, District 4, 3/20/14; court of appeals decision (not recommended for publication); case activity The prosecution of Caminiti for conspiracy to commit child abuse, §§ 939.31 and 948.03(2)(b), based on his instructions to his congregants to use a rod to discipline their children did not violate his First Amendment rights to advocacy or… Read more
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
State v. Zachary P. Stuckey, 2013 WI App 98; case activty The court of appeals concludes that the prohibition in § 948.10 against exposing genitals to a child is a “variable obscenity” statute, and to avoid unconstitutional application it must be read to require proof the defendant knew he was exposing himself to someone under the age… 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
