State v. Chakerian

The state appeals, seeking reversal of orders that allowed defendants’ demurrers to charges of riot. The trial court concluded that the statute underlying those charges, ORS 166.015, is unconstitutionally overbroad. We reverse and remand.

Defendants were charged, in a single indictment, with violating the anti-rioting statute, ORS 166.015. They demurred, asserting, inter alia, that (1) ORS 166.015 is unconstitutional in that it is directed to the content of expression and does not fall within any historically recognized exception to the free speech protections of Article I, section 8, of the…