1st Amendment Violation

By: Derek Hawkins//January 19, 2022//

By: Derek Hawkins//January 19, 2022//

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WI Court of Appeals – District II

Case Name: Town of Brookfield v. Martin M. Gonzalez

Case No.: 2021AP218

Officials: GUNDRUM, P.J.

Focus: 1^st Amendment Violation

Martin M. Gonzalez appeals the circuit court’s judgment convicting him of municipal disorderly conduct following a jury trial. He contends he was unconstitutionally convicted for social media posts he made, claiming those posts did not constitute a “true threat” and thus are protected by the First Amendment. We agree with Gonzalez and reverse and remand to the circuit court to vacate his conviction.

Derek A Hawkins is Corporate Counsel, at Salesforce.

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