Legal Opinion

West v. State

Supreme Court of Georgia

Decided October 31, 2016No. S16A1369PublishedCited by 10 opinions

1Opinion of the Court

HUNSTEIN, Justice.

This interlocutory appeal presents a facial constitutional challenge to OCGA § 20-2-1182, which criminalizes upbraiding, insulting, or abusing a public school teacher, administrator, or bus driver in the presence of a pupil while on the premises of a public school or school bus. Appellant Michael Antonio West was arrested and charged under OCGA § 20-2-1182, and he thereafter filed a general demurrer, contending, among other things, that the statute is unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United…

2Cases cited24 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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3Cited by10 opinions

  1. Major v. StateSupreme Court of Georgia · 2017
  2. Harris v. MahoneCourt of Appeals of Georgia · 2017
  3. MAYS v. the STATE.Court of Appeals of Georgia · 2018
  4. Columbus Consolidated Government v. WoodyCourt of Appeals of Georgia · 2017
  5. Knowles v. the StateCourt of Appeals of Georgia · 2017

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