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STATE v. RYAN

(CC 070749206; CA A137536, SC S059065).

261 P.3d 1189 (2011)

350 Or. 670

STATE of Oregon, Petitioner on Review, v. John Norman RYAN, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 9, 2011.

Attorney(s) appearing for the Case

Janet A. Klapstein , Senior Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Kenneth A. Kreuscher , Portland Law Collective, Portland, argued the cause argued the cause and filed the brief for respondent on review.

Margaret Garvin , Alison Wilkson , Robin J. Selig , and Janine Robben , filed a brief on behalf of amici curiae National Crime Victim Law Institute, Oregon Law Center, and Oregon Crime Victims Law Center.

DE MUNIZ, C.J.

This case involves the intersection of free speech rights under Article I, section 8, of the Oregon Constitution, and the crime of violating a stalking protective order, ORS 163.750. Defendant violated the terms of a stalking protective order by contacting the victim through a third party and was subsequently found guilty by a jury of two counts of violating ORS 163.750. The Court of Appeals reversed defendant's convictions. That court reasoned that...

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