Legal Opinion · Concurring in part, dissenting in part

State of Tennessee v. Teddy Ray Mitchell

Tennessee Supreme Court

Decided March 31, 2011No. E2008-02672-SC-R11-CDPublished

1Concurring in part, dissenting in partSharon G. Lee, J.

I write separately to dissent from the majority’s decision to affirm the defendant’s conviction for disorderly conduct. After giving proper deference to the jury’s verdict, I cannot agree that the evidence is sufficient to support Mr. Mitchell’s conviction for disorderly conduct. Moreover, I conclude that Mr. Mitchell’s conduct was protected as free speech.

An anti-immigration rally was planned for the afternoon of June 24, 2006, on the lawn of the Hamblen County Courthouse. The rally organizers encouraged participants to attend and “wave the American flag proudly and display signage that…

2Cases cited14 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Garrison v. LouisianaSupreme Court of the United States · 1964
  5. Cohen v. CaliforniaSupreme Court of the United States · 1971

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