STATE v. SCHALER

No. 81864-9.

236 P.3d 858 (2010)

STATE of Washington, Respondent, v. Glen Arthur SCHALER, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 29, 2010.


Attorney(s) appearing for the Case

Tanesha La Trelle Canzater, Attorney at Law, Bellingham, WA, for Petitioner.

Karl F. Sloan, Felecia Shay Chandler, Okanogan County Prosecutor's Office, Okanogan, WA, for Respondent.


STEPHENS, J.

¶ 1 This case concerns the interplay between the threats-to-kill provision of Washington's harassment statute, RCW 9A.46.020, and the First Amendment's limits on the criminalization of speech. We adhere to our previous position that the harassment statute must be read to proscribe only "true threats" and hold that the jury instructions in this case did not adequately limit the statute's reach. Given the evidence at trial, the instructional error...

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