State v. Ryce

What conduct is actually prohibited by K.S.A. 2014 Supp. 8-1025? If that conduct is, in all circumstances and at all times, constitutionally protected, it cannot be criminally sanctioned by the State and the statute is facially unconstitutional. But if, in some circumstances, the prohibited conduct is not constitutionally protected, then the constitutionality of the statute can only be determined on a case-by-case, as applied, basis. Because Ryce asserts a facial challenge to K.S.A. 2014 Supp. 8-1025, he must demonstrate that the prohibited conduct is always constitutionally protected in…