1st Amendment Violation

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. A.N.G.,

Case No.: 2019AP1100

Officials: BLANCHARD, J.

Focus: 1^st Amendment Violation

A.N.G. appeals an order adjudicating him delinquent, as party to a crime, of making terrorist threats and disorderly conduct. The State alleges that then middle school student A.N.G., while at school, helped create a drawing containing terroristic threats and failed to destroy it before a teacher discovered it, under circumstances likely to cause or provoke a disturbance. A.N.G. argues that he did not convey a “true threat” and therefore the First Amendment bars prosecution. Applying the multi-factor test in State v. Perkins, 2001 WI 46, 243 Wis. 2d 141, 626 N.W.2d 762, I conclude that his conduct did not constitute the making of a true threat. The most significant consideration is the circuit court’s factual finding that A.N.G. intended the drawing to be a private communication, not to be shared with others. Accordingly, I reverse and remand to the circuit court with directions to vacate both adjudications and dismiss the delinquency petition.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.