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STATE v. JANSSEN

No. 97-1316-CR.

213 Wis.2d 471 (1997)

570 N.W.2d 746

STATE of Wisconsin, Plaintiff-Appellant, v. Matthew C. JANSSEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 30, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Vincent R. Biskupic, district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Eugene A. Bartman and Brian G. Figy, of Appleton.

Before Cane, P.J., Myse, and Hoover, JJ.

MYSE, J.

The State appeals an order dismissing one count of flag desecration, see § 946.05(1), STATS.1 The State contends that the trial court erroneously concluded the statute was unconstitutional because it was vague and overbroad. Because we conclude that the statute by its terms applies to acts of protected speech, the statute is unconstitutionally overbroad and we therefore affirm.

The facts giving rise to the...

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