Legal Opinion
State v. Nye
Montana Supreme Court
Decided July 23, 1997No. 96-288PublishedCited by 51 opinions
1Opinion of the CourtJustice Nelson
David Nathan Nye (Nye) was charged by information with the offense of malicious intimidation or harassment relating to civil or human rights, a felony, in violation of § 45-5-221, MCA. Nye pleaded guilty in the District Court for the Sixth Judicial District, Park County, pursuant to a plea agreement wherein he reserved his right to appeal the constitutionality of the statute. He now appeals his conviction. We affirm.
We address the following issues on appeal:
1. Does § 45-5-221, MCA, violate Nye’s right to freedom of speech under the First Amendment to the United States Constitution and Article…
2Cases cited35 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- New York v. FerberSupreme Court of the United States · 1982
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3Cited by51 opinions
- Montanans for the Responsible Use of the School Trust v. State Ex Rel. Board of Land CommissionersMontana Supreme Court · 1999
- Galloway v. StateCourt of Appeals of Maryland · 2001
- State v. VaughnSupreme Court of Missouri · 2012
- State v. PriceMontana Supreme Court · 2002
- State v. TrullMontana Supreme Court · 2006
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