STATE v. CRAWLEY

No. A09-1795.

789 N.W.2d 899 (2010)

STATE of Minnesota, Respondent, v. Melissa Jean CRAWLEY, Appellant.

Court of Appeals of Minnesota.

September 28, 2010.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Charles E. MacLean , Winona County Attorney, Stephanie E. Nuttall , Thomas E. Gort , Assistant County Attorneys, Winona, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Jodie L. Carlson , Assistant Public Defender, St. Paul, MN; and Scott M. Flaherty , Special Assistant Public Defender, Briggs and Morgan, P.A., Minneapolis, MN, for appellant.

Mary Vasaly , Abigail Richey-Allen , Sarah Riskin, Maslon Edelman Borman & Brand, LLP, Minneapolis, MN; and Teresa Nelson , American Civil Liberties Union of Minnesota, St. Paul, MN, for amicus curiae.

Considered and decided by MINGE, Presiding Judge; JOHNSON, Judge; and HARTEN, Judge.


OPINION

MINGE, Judge.

Appellant challenges her conviction of falsely reporting police misconduct, arguing that the statute violates the First Amendment's prohibition on viewpoint discrimination. Because the statute singles out a limited category of otherwise unprotected statements for criminalization and the limited category does not meet the exceptions to content-based discrimination established by the United States Supreme Court in R.A.V. v. City of...

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