STATE v. RICH

V0500057; A130233.

180 P.3d 744 (2008)

218 Or. App. 642

STATE of Oregon, Plaintiff-Respondent, v. John Coburn RICH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 19, 2008.


Attorney(s) appearing for the Case

Andy Simrin, Salem, argued the cause and filed the brief for appellant.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and COLLINS, Judge pro tempore.


SCHUMAN, P.J.

Defendant was charged with disorderly conduct for intentionally causing "public inconvenience, annoyance or alarm" by making "unreasonable noise," ORS 166.025(1)(b), during an argument with a police officer in the Benton County Courthouse. At trial, defendant argued that prosecuting him for violating the statute violated the free expression guarantee of Article I, section 8, of the Oregon Constitution.1 The court rejected...

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