State v. Abrams

¶33

(concurring) — The majority concludes that RCW 9A.72.010(1) is unconstitutional insofar as it provides that materiality of a false statement giving rise to a conviction for perjury is a question of law for the courts. But although the majority states the basic rule that a statute should be construed to be constitutional where possible, it fails to follow this principle. The majority also fails to give effect to the legislature’s intent that a court assess materiality. As a result, the majority gives less protection to the exercise of First Amendment rights because it excises from the…