Legal Opinion
State v. Kilburn
Washington Supreme Court
Decided February 12, 2004No. 73301-5PublishedCited by 106 opinions
1Opinion of the CourtMadsen, J.
Petitioner Martin Kilburn (Kilburn) claims that his juvenile conviction of felony harassment under RCW 9A.46.020 must be reversed because the State failed to prove that he actually intended to carry out the alleged threat made to a classmate and because his statements were intended only as a joke. We hold that proof that the speaker intended to carry out his or her threat is not required by either the First Amendment or the harassment statute. However, we agree with Kilburn that the evidence is insufficient to sustain his conviction.
*39Facts1
On March 21, 2001, at Mount Baker Middle School in…
2Cases cited46 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
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3Cited by106 opinions
- State v. HomanWashington Supreme Court · 2014
- Hegwine v. Longview Fibre Co.Washington Supreme Court · 2007
- State v. AllenWashington Supreme Court · 2013
- State v. SchalerWashington Supreme Court · 2010
- State v. SCHALERWashington Supreme Court · 2010
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