Legal Opinion

People v. Heinrich

Illinois Supreme Court

Decided September 20, 1984No. 59239PublishedCited by 10 opinions

1Opinion of the CourtJustice Moran

Defendant, Paul Heinrich, was charged by information in McLean County with two counts of criminal defamation under the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 27—1). He moved to dismiss the information, and after a hearing, the circuit court declared the criminal defamation statute unconstitutional and dismissed the charges. The court held the statute contravened the first and fourteenth amendments to the United States Constitution. The State appeals directly to this court pursuant to our Rule 603 (87 Ill. 2d R. 603).

This appeal posits three questions to be resolved: (1) Is…

2Cases cited20 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

15 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Dworkin v. L.F.P., Inc.Wyoming Supreme Court · 1992
  2. State v. PowellNew Mexico Court of Appeals · 1992
  3. People v. AllenAppellate Court of Illinois · 1997
  4. Phelps v. HamiltonDistrict Court, D. Kansas · 1993
  5. Parmelee v. O'NEELCourt of Appeals of Washington · 2008

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API