Legal Opinion
State v. Dugan
Montana Supreme Court
Decided February 19, 2013No. DA 11-0494PublishedCited by 19 opinions
1Opinion of the CourtJustice Cotter
¶1 Randall Jay Dugan appeals from an order of the Eighteenth Judicial District Court, Gallatin County, denying his motion to dismiss a charge of using obscene, lewd, and profane language in violation of the Privacy in Communications statute, § 45-8-213, MCA. Dugan challenges the constitutionality of the Privacy in Communications statute (the statute), arguing that it is overbroad, vague, and violates his free speech rights guaranteed by the Montana and United States Constitutions. We reverse the District Court’s conclusion that Dugan’s speech constituted “fighting words,” and strike a portion…
2Cases cited41 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- 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 by19 opinions
- State v. G. SpottedbearMontana Supreme Court · 2016
- State v. BaccalaSupreme Court of Connecticut · 2017
- State v. MadsenMontana Supreme Court · 2013
- Lewis Alan Dugan v. The State of WyomingWyoming Supreme Court · 2019
- State v. BirthmarkMontana Supreme Court · 2013
14 more not listed; retrieve them via the Exa API.