State of Wisconsin ex rel. Two Unnamed Petitioners v. The Honorable Gregory Peterson et al.; State of Wisconsin ex rel. Francis D. Schmitz v. the Honorable Gregory Peterson, & State of Wisconsin ex rel. Three Unnamed Petitioners v. The Honorable Gregory Peterson, et al., 2015 WI 85, issued 7/16/15; case activity: Two Unnamed Petitioners; Schmitz v… Read more
B. Speech
Elonis v. United States, USSC No. 13-983, 2015 WL 2464051 (June 1, 2015), reversing United States v. Elonis, 730 F.3d 321 (3rd Cir. 2013); Scotusblog page (including links to briefs and commentary) This case involved a prosecution of Elonis for threats he made in postings on his Facebook page, and it was being widely watched for the First… Read more
State v. Michael W. Crute, 2015 WI App 15; case activity An administrative rule (§ Adm 2.14(2)(vm)(intro.) and 5.) requires a permit for any rally, meeting, or similar event held in a state building, and persons participating in an unpermitted event can be ticketed for “unlawful assembly.” But the rule did not contain a minimum group size… Read more
State v. Thomas G. Smith, 2013AP2516-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity The profane comments Smith posted on a police department’s Facebook page are not “fighting words” because that category of unprotected speech only covers statements made in the context of a face-to-face communication. The Arena police posted a story on their Facebook page about the arrest… Read more
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
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State v. Donald W. Maier, 2013AP1391-CR, District 4, 5/8/14 (not recommended for publication); case activity The First Amendment did not preclude prosecuting Maier for stalking based on letters he sent because the letters constituted a “true threat”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. 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
