Legal Opinion

State v. Hemmingway

Court of Appeals of Wisconsin

Decided November 7, 2012No. 2011AP2372-CRPublishedCited by 6 opinions

1Opinion of the Court

NEUBAUER, PJ.

¶ 1. The State of Wisconsin appeals from an order dismissing its complaint against *300Gary M. Hemmingway for stalking with a previous conviction of a violent crime, Wis. Stat. § 940.32(2m)(a) (2009-10).1 Hemmingway challenged the statute as a facially overbroad regulation of protected speech, in violation of the First and Fourteenth Amendments to the United States Constitution. The circuit court agreed with Hemmingway, ruling that the statute was substantially overbroad in violation of the First Amendment. The circuit court granted Hemmingway's motion to dismiss. We reverse. The…

2Cases cited33 opinions

  1. New York v. FerberSupreme Court of the United States · 1982
  2. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  3. United States v. WilliamsSupreme Court of the United States · 2008
  4. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949
  5. Virginia v. HicksSupreme Court of the United States · 2003

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3Cited by6 opinions

  1. Joseph Brown v. Jeffrey KempCourt of Appeals for the Seventh Circuit · 2023
  2. State v. CulverCourt of Appeals of Wisconsin · 2018
  3. State v. CruteCourt of Appeals of Wisconsin · 2015
  4. Joseph Brown v. Jeffrey KempCourt of Appeals for the Seventh Circuit · 2023
  5. Joseph Brown v. Jeffrey KempCourt of Appeals for the Seventh Circuit · 2023

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