State v. Janssen

The State appeals an order dismissing one count of flag desecration, see § 946.05(1), Stats. The State contends that the trial court erroneously concluded the statute was unconstitutional because it was vague and overbroad. Because we conclude that the statute by its terms applies to acts of protected speech, the statute is unconstitutionally overbroad and we therefore affirm.

The facts giving rise to the flag desecration charge are substantially undisputed. Matthew Janssen and a group of his friends began stealing American flags from various locations in the City of Appleton. One of the flags…