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STATE v. ACEY

633 S.W.2d 306 (1982)

STATE of Tennessee, Appellant, v. David L. ACEY, Appellee.

Supreme Court of Tennessee.

May 17, 1982.

Attorney(s) appearing for the Case

William P. Sizer, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen. & Reporter, Nashville, for appellant.

James E. Swearengen, Memphis, for appellee.

OPINION

COOPER, Justice.

The issue in this appeal is the constitutionality of T.C.A. § 2-19-120,1 which imposes criminal sanctions upon persons who anonymously disseminate written statements about candidates for public office.

Appellee was indicted and charged with violating the statute. On considering a motion to dismiss the indictment, the trial judge concluded that the statute is an overbroad restraint of freedom...

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