STATE v. PAULING

No. 46492-2-I.

31 P.3d 47 (2001)

STATE of Washington, Respondent, v. Molotov F. PAULING, Appellant.

Court of Appeals of Washington, Division 1.

September 17, 2001.


Attorney(s) appearing for the Case

Thomas Kummerow, Washington Appellate Project, Seattle, for Appellant.

Seth A. Fine, Snohomish County Deputy Prosecutor, Everett, for Respondent.


GROSSE, J.

A statute that defines the word "threat" to include the communication of information that is not inherently wrong or unlawful sweeps too broadly to withstand constitutional challenge. Washington's extortion statute is overbroad because it is not limited to wrongful threats and does not include any defenses that would limit its reach. Thus, it substantially burdens a wide range of protected speech. Therefore, we are compelled to declare the statute invalid...

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