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STATE v. TURNER

No. A14-1408.

864 N.W.2d 204 (2015)

STATE of Minnesota, Respondent, v. Timothy Robert TURNER, Appellant.

Court of Appeals of Minnesota.

May 26, 2015.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Jeffrey R. Edblad , Isanti County Attorney, Deanna N. Natoli , Assistant County Attorney, Cambridge, MN, for respondent.

John Arechigo , Arechigo & Stokka, LLP, St. Paul, MN, for appellant.

Erick G. Kaardal , Mohrman, Kaardal & Erickson, P.A., Minneapolis, MN; and Eugene Volokh , (pro hac vice), UCLA School of Law, Los Angeles, CA, for amicus curiae Electronic Frontier Foundation.

Considered and decided by REILLY, Presiding Judge; CLEARY, Chief Judge; and ROSS, Judge.

OPINION

Appellant Timothy Turner challenges his conviction of criminal defamation, arguing that Minn.Stat. § 609.765 violates First Amendment protections because it is facially overbroad. Because Minn.Stat. § 609.765 is unconstitutionally overbroad and not susceptible to a narrowing construction, we reverse.

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