Legal Opinion

Matter of Welfare of A. J. B.

Supreme Court of Minnesota

Decided June 19, 2019No. A17-1161PublishedCited by 11 opinions

1Opinion of the Court

THISSEN, Justice.

This case requires us to determine whether two Minnesota statutes- Minn. Stat. § 609.749, subd. 2(6) (2018), the stalking-by-mail provision, and Minn. Stat. § 609.795, subd. 1(3) (2018), known as the mail-harassment statute-are unconstitutional under the First Amendment to the United States Constitution. The juvenile court and the court of appeals concluded that both statutes are constitutional. We hold that Minn. Stat. § 609.749, subd. 2(6), is facially overbroad and not subject to either a narrowing construction or severance of unconstitutional provisions. Accordingly, we…

2Cases cited41 opinions

  1. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. United States v. WilliamsSupreme Court of the United States · 2008
  4. City of Houston v. HillSupreme Court of the United States · 1987
  5. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969

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3Cited by11 opinions

  1. Lewis Alan Dugan v. The State of WyomingWyoming Supreme Court · 2019
  2. Christian Action League of MN v. Mike FreemanCourt of Appeals for the Eighth Circuit · 2022
  3. in Interest of R.DSupreme Court of Colorado · 2020
  4. Thomas Styczinski v. Grace ArnoldCourt of Appeals for the Eighth Circuit · 2025
  5. Fredin v. MiddlecampDistrict Court, D. Minnesota · 2020

6 more not listed; retrieve them via the Exa API.

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