On Point blog, page 2 of 2
First Amendment – Speech – Criminalized Threat
State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision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 alone, is neither overbroad nor “underbroad” (i.e., discriminating on the basis of content),