First Amendment-Nonpublic Forum

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jamison Krahenbuhl

Case No.: 22-3264

Officials: Sykes, Chief Judge, and Flaum and Lee, Circuit Judges.

Focus: First Amendment-Nonpublic Forum

In 2023, the Seventh Circuit upheld the disorderly conduct convictions of Jamison Krahenbuhl, an Air Force veteran. Krahenbuhl had been found guilty in connection with an incident at the Milo C. Huempfner Veterans Affairs Outpatient Clinic in Green Bay, Wisconsin. During a respiratory therapy appointment, Krahenbuhl exhibited agitation, employing abusive language and engaging in disruptive behavior. This led the clinic staff to call VA police, resulting in his subsequent charges of two counts of disorderly conduct under 38 C.F.R. § 1.218(a)(5), (b)(11), both of which he was convicted of.

On appeal, Krahenbuhl contended that his convictions violated his First Amendment rights and asserted that the government failed to prove all elements of the crimes. The court, however, disagreed. It determined that the clinic constituted a nonpublic forum, allowing for greater regulation of speech. The court concluded that the regulation under which Krahenbuhl was convicted was viewpoint neutral and reasonable, considering the clinic’s primary goal of providing medical care to veterans. Additionally, the court dismissed Krahenbuhl’s argument that the government failed to prove the clinic was under the charge and control of the VA rather than the General Services Administration, deeming it an invited error. As a result, Krahenbuhl’s convictions were upheld.

Affirmed.

Decided 12/14/23

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