Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; Scotusblog page (containing links to briefs and commentary) Question presented: Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is… Read more
B. Speech
Nancy Kindschy v. Brian Aish, 2020AP1775, petition for review of a published court of appeals decision granted 6/22/22; case activity (including briefs) Issues (from the petition for review): Whether Wis. Stat. §813.125, as construed by the Court of Appeals to prohibit speech from a public sidewalk intended to persuade listeners to cease their sinful conduct (participation in… Read more
Town of Brookfield v. Martin M. Gonzalez, 2021AP218, District 2, 10/27/21 (one-judge decision; ineligible for publication); case activity (including briefs) Gonzalez posted some photos on Instagram as a “story,” a series of shorter, more casual, less permanent images or posts than standard posts on a user’s Instagram feed (so we’re told). The first photo showed… Read more
State v. Aaron Matthew Oleston, 2020AP952-CR, District 4, 7/15/21 (one-judge decision; ineligible for publication); case activity (including briefs) Olseston was charged with five counts of disorderly conduct for “hurling profanities and personal insults” (¶14) at Janesville police officers as they came and left the police station, as well as filming some of the encounters. Three… Read more
State v. C.G., 2018AP2205, review granted 4/27/21; case activity Issues presented: Does Wis. Stat. § 301.45, the statute governing juvenile sex offender registration, unconstitutionally infringe on Ella’s First Amendment right to freedom of speech by preventing her from legally changing her name to reflect her gender identity? Does requiring Ella to register under Wis. Stat… Read more
State v. C.G., 2021 WI App 11; petition for review granted 4/27; case activity Ella–a pseudonym–was adjudicated delinquent for a sexual assault committed when she was 15. Ella’s legal name is masculine in association; during her juvenile disposition she was transitioning to a female identity. In this appeal she challenges the circuit court’s refusal to… Read more
State v. Peter J. King, 2020 WI App 66; case activity (including briefs) Packingham v. North Carolina, 137 S Ct. 1730 (2017) struck down a law making it a felony for a registered sex offender to use any social networking site that permits minors to become members or to create personal web page. The statute… Read more
State v. Joseph K. Edwards, 2019AP2138-CR, District 1, 7/21/20 (one-judge decision; ineligible for publication); case activity (including briefs) Edwards was charged with disorderly conduct with use of a dangerous weapon for “creepy, stalker-like behavior.” (¶6). The court of appeals rejects his complaint that the jury wasn’t instructed on the definition of “true threat” under State… Read more
