State v. Baron

*89ANN WALSH BRADLEY, J.

¶ 59. {concurring). I agree with the majority that the statute is constitutional as applied. Majority op., ¶ 57.1 write separately, however, because I disagree with the majority that the statute regulates speech as well as conduct. Rather, I believe that the court of appeals got it right — this statute as applied regulates only conduct. Accordingly, I respectfully concur.

¶ 60. The court of appeals noted that "because the statute at issue implicates First Amendment rights, the State has the burden of proving beyond a reasonable doubt that the statute is constitutional."…