State v. Ganch

A Bill of Information was filed charging the defendants with disturbing the peace in that they “committed an act in such a manner as would foreseeably disturb and alarm the public.” La.R.S. 14:103(A) (7). The information was quashed on motion of the defendants on the grounds that the statute under which they were charged is unconstitutional on its face. The State appeals.

Although the statute punishes conduct we take notice of the fact that conduct is often a means of expression. Cohen v. California, 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971); Cox v. State of Louisiana, 379 U.S. 536, 85…