On Point: A. Overbreadth

State v. Robert T., 2008 WI App 22For Robert T.: Bradley J. Bloch

Issue: Whether § 947.015 (2003-04) (“Bomb Scares”) is overbroad and therefore cannot support prosecution for a phoned-in but false bomb threat.

Holding:

¶12      Robert T. argues that the statute suffers from overbreadth because it prohibits speech that could be protected. We disagree. Prior Wisconsin opinions have held that only “true threats” are punishable,

Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004)

Issue/Holding:

In order not to offend the First Amendment, a statute that regulates the time, place, and manner of expression must be (1) content neutral, (2) narrowly tailored to serve a significant governmental interest, and (3) allow for ample alternative channels for the expression. Ward, 491 U.S. at 791, 109 S. Ct. at 2753.

Predick v. O’Connor, 2003 WI App 46

Issue/Holding: Banishment from victims’ county, under harassment injunction, § 813.125, upheld:

¶18 Thus, banishment is not a per se constitutional violation. As the previous discussion demonstrates, there is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances and total atmosphere to determine whether the geographic restriction is narrowly drawn.

City of Milwaukee v. Tanya M. Bean, et al., 2001 WI App 258, PFR filed 11/8/01
For Bean: Jerome F. Buting, Pamela S. Moorshead

Issue1: Whether prostitution activities in the area encompassed by the injunction were shown sufficiently to constitute a nuisance.

Holding:

¶13. Although it is true, as the appellants argue, that the infusion of prostitution in the affected areas can, on one level at least,

State v. Scott L. Stevenson, 2000 WI 71, 236 Wis. 2d 86, 613 N.W.2d 72, on certification
For Stevenson: Elizabeth Cavendish-Sosinski, Daniel P. Fay

Issue: Whether § 944.205(2)(a) is overbroad.

Holding: Yes. § 944.205(a) (a) prohibits depictions of nudity without the person’s knowledge and consent. Because this statute implicates first amendment rights, the state assumes the burden of proving its constitutionality beyond a reasonable doubt.

State v. Matthew C. Janssen, 219 Wis.2d 362, 580 N.W.2d 260 (1998), affirming 213 Wis. 2d 471, 570 N.W.2d 746 (Ct. App. 1997)
For Janssen: Eugene A. Bartman, Brian G. Figy, SPD, Appleton Trial

Issue: Whether the flag desecration statute is constitutional.

Holding: The flag desecration statute, sec. 946.05, violates first amendment overbreadth principles, and can’t be saved by severing the unconstitutional portions.