IN RE ROBERT T.

No. 2006AP2206.

746 N.W.2d 564 (2008)

2008 WI App 22

In the Interest of ROBERT T., a Person Under the Age of 17. State of Wisconsin, Petitioner-Appellant, v. Robert T., Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed January 15, 2008.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of E. Michael McCann, district attorney, John M. Stoiber, assistant district attorney, and John T. Chisholm, district attorney, with oral argument by John M. Stoiber.

On behalf of the respondent-respondent, the cause was submitted on the brief of Bradley J. Bloch of Waukesha, with oral argument by Bradley J. Bloch.

Before CURLEY, P.J., WEDEMEYER and KESSLER, JJ.


¶ 1 CURLEY, P.J.

The State appeals the trial court's order dismissing the delinquency petition brought against Robert T. for violating WIS. STAT. § 947.015 (2003-04),1 entitled "Bomb scares," after the trial court ruled that the statute was unconstitutional. Because Robert T.'s telephone call was a "true threat" and falls outside the protections found in the First Amendment of the United States Constitution, and art. I, §...

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