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STATE v. SHANK

No. 4D00-2630.

795 So.2d 1067 (2001)

STATE of Florida, Appellant, v. Lloyd SHANK, Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Steven Wisotsky of Steven Wisotsky, P.A., Coconut Grove, for appellee, and Barry Butin, Fort Lauderdale, cooperating counsel for the ACLU of Florida.

PER CURIAM.

The State of Florida appeals the county court's dismissal of an information charging appellee with a violation of section 836.11, Florida Statutes, which prohibits publications tending to expose persons to hatred, contempt, or ridicule. The court granted appellee's motion to dismiss the information after declaring the statute facially unconstitutional as violative of the First Amendment. We affirm.

On August 23, 1999, members of the Broward County...

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