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
C. Scienter
State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs) Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also… Read more
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. 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
State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional because it doesn’t require proof of knowledge of the age of the person to whom harmful materials are displayed (minority being the sole differentiating factor between noncriminal/protected and criminal conduct… Read more
State v. Lane R. Weidner, 2000 WI 52, 235 Wis. 2d 306, 611 N.W.2d 684, on certification For Weidner: Steven D. Phillips, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional. Holding: ¶43 In sum, we determine that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations that do not involve face-to-face… Read more
