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STATE v. SUITER

No. 28115.

56 P.3d 775 (2002)

138 Idaho 13

STATE of Idaho, Plaintiff-Respondent, v. Patrick Sheldon SUITER, Defendant-Appellant.

Supreme Court of Idaho, Boise, September 2002 Term.

October 28, 2002.

Attorney(s) appearing for the Case

Wiebe & Fouser, P.A., Canyon County Public Defender, Caldwell, for appellant. Thomas A. Sullivan argued.

Nevin, Herzfeld, Benjamin & McKay, L.L.P., Boise, for amicus Idaho Association of Criminal Defense Lawyers and American Civil Liberties Union of Idaho. Dennis A. Benjamin argued.

Hon. Alan G. Lance, Idaho Attorney General, Boise, for respondent. Lori A. Fleming argued.

ON REVIEW

KIDWELL, Justice.

Suiter was convicted of disturbing the peace following a jury trial. Suiter appeals his conviction on the grounds that his conviction violates his freedom of speech pursuant to the First Amendment of the United States Constitution.

I.

FACTS AND PROCEDURAL BACKGROUND

On April 3, 1998, Suiter went to the Canyon County Courthouse and spoke to a detective in the records division about a fraudulent check...

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