First Amendment Violation and Jury Instructions

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Keith J. Eggum

Case No.: 2016AP2036-CR

Officials: HAGEDORN, J.

Focus: First Amendment Violation and Jury Instructions

On a Saturday night in July 2014, patrons and pals were enjoying “The Rumble by the River” in Big Bend, a tractor and truck pull regaled with songs and spirits. Rain and storms, however, led police and the event organizers to shut down the festival early. Keith Eggum, with unused (and potentially nonrefundable) beer tickets in hand, was none too pleased and refused to leave. After several minutes of increasingly heated conversation with multiple officers, Big Bend Police Chief Donald Gaglione ordered Eggum to leave the premises. Eggum did not comply and loudly punctuated his defiance with some colorful and crass words. Eggum’s actions disrupted departing patrons and festival organizers, requiring additional officers to divert their attention from helping other guests evacuate safely. Based on these actions, Gaglione arrested Eggum for disorderly conduct.

On appeal, Eggum argues that his tasteless retorts—which he now characterizes as a sort of protest against government action—are the real reason he was charged with disorderly conduct. He argues this was protected speech under the First Amendment and that the jury was erroneously instructed. Eggum also asserts that he was deprived of a fair and impartial trial when he was denied a haircut prior to trial and by the presence of additional officers in the courtroom. We disagree and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.