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STATE v. JOHNSON

(CC D0304188M; CA A124900; SC S055085).

191 P.3d 665 (2008)

345 Or. 190

STATE of Oregon, Respondent on Review, v. William Charles JOHNSON, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the petition for petitioner on review.

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

Michael H. Simon, Julia E. Markley, and Nicholle Y. Winters, of Perkins Coie LLP, Portland, filed the briefs for amicus curiae ACLU Foundation of Oregon, Inc.

GILLETTE, J.

This criminal case presents a question that lies at the intersection between Oregon's constitutional protection of free expression and an Oregon statute that punishes abusive or insulting speech that is calculated to produce a violent response. The Court of Appeals held that ORS 166.065(1)(a)(B), the abusive speech provision of the criminal harassment statute, does not, on its face, violate the free expression protections in Article I, section 8, of the...

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