Legal Opinion · Dissent
Hest Technologies, Inc. v. State Ex Rel. Perdue
Court of Appeals of North Carolina
Decided March 6, 2012No. COA11-459Published
1Dissent
HUNTER, Robert C., Judge,
dissenting.
The majority concludes that N.C. Gen. Stat. § 14-306.4 (2011) regulates protected speech and is unconstitutionally overbroad. Because I conclude the statute regulates conduct rather than speech, I respectfully dissent.
Plaintiffs argue that N.C. Gen. Stat. § 14-306.4 violates the First Amendment of the United States Constitution because (1) it is a content-based restriction on protected expression that fails strict scrutiny; and (2) it is overbroad, in that it criminalizes a substantial number of video games that are unrelated to gambling. I disagree. I…
2Cases cited7 opinions
- Brown v. Entertainment Merchants Assn.Supreme Court of the United States · 2011
- Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
- State v. WarrenSupreme Court of North Carolina · 1960
- Ruth Clark and Charles E. Bunker, and Cross-Appellants v. The City of Los Angeles, and Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1981
- Animal Protection Society of Durham, Inc. v. StateCourt of Appeals of North Carolina · 1989
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