Legal Opinion · Dissent

State v. Crawley

Supreme Court of Minnesota

Decided August 8, 2012No. A09-1795Published

1DissentStras, Justice

The question presented by this case is whether Minn.Stat. § 609.505, subd. 2 (2010), is a law unconstitutionally “abridging the freedom of speech” under the First Amendment to the United States Constitution. The court concludes that subdivision 2 fully comports with the Constitution, but does so only after rewriting the statute. Construing the statute as written, I would hold that subdivision 2 is an unconstitutional content- and viewpoint-based restriction on core First Amendment speech. Therefore, I respectfully dissent.

I

In answering the constitutional question presented by this case, the…

2Cases cited59 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Roth v. United StatesSupreme Court of the United States · 1957
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API