State v. Reece

(dissenting) — The constitutional protection of free speech is one of the noblest and most courageous foundations of our nation and our state. It is sadly ironic that this protection is being used by those who would degrade our society. However, it is in the context of determining to protect speech that we find to be demeaning and repugnant that our true commitment to the doctrine is tested.

The gist of the majority's analysis is that, despite the explicit language of Const, art. 1, § 5, it does not protect expression that was the subject of a statute near the time of the ratification of our…