State v. Allcock

Dooley, J.,

¶ 13. dissenting. The difficulty that emerges when we redesign the elements of a crime to set them exactly at the line between constitutional and unconstitutional regulation is that the location of that line is more understandable to constitutional law scholars than to citizens accused of the crime. I say this not to continue to war with the holding in State v. Read, 165 Vt. 141, 680 A.2d 944 (1996), a decision I did not join, but instead to urge my colleagues to exercise restraint, appropriate when we criminalize speech, in applying its newly designed crime.

¶ 14. I cannot conclude…