Disorderly conduct — fighting words — sufficiency of the evidence

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Wisconsin Court of Appeals

Criminal

Disorderly conduct — fighting words — sufficiency of the evidence

Thomas Smith appeals a judgment convicting him, after a jury trial, of disorderly conduct and unlawful use of a computerized communication system. The convictions for these misdemeanor crimes were based on two comments Smith posted on a police department Facebook page. Smith argues that the circuit court should have granted his motion to dismiss because his Facebook comments were protected speech. The State argues that the comments are not protected speech because they are “fighting words.” The State does not persuade me that Smith’s comments can reasonably be construed as fighting words.

And, the State’s briefing provides no other basis on which to uphold Smith’s convictions. Accordingly, I reverse and remand for the circuit court to vacate the judgment and dismiss the charges against Smith. This opinion will not be published.

2013AP2516-CR State v. Smith

Dist IV, Iowa County, Dyke, J., Lundsten, J.

Attorneys: For Appellant: Hinkel, Andrew, Madison; For Respondent: Weber, Gregory M., Madison; Allen, Matthew, Dodgeville