No. 99-1767
STATE OF WISCONSIN : IN SUPREME COURT
FILED
MAY 16, 2001
Cornelia G. Clark
Clerk of Supreme Court
Madison, WI
In the Interest of Douglas D.,
a person Under the Age of 17:
State of Wisconsin,
Petitioner-Respondent,
v.
Douglas D.,
Respondent-Appellant-Petitioner.
REVIEW of a decision of the Court of Appeals. Reversed.
¶1 JON P. WILCOX, J. This is a review of a court of appeals decision, In the Interest of Douglas D.: State v. Douglas D., No. 99-1767-FT, unpublished slip op. (Wis. Ct. App. Dec. 14, 1999), which affirmed a judgment by the Circuit Court for Oconto County, Judge Richard D. Delforge. The circuit court found that the content of an eighth-grade creative writing assignment authored by the petitioner, Douglas D. (Douglas), a minor, constituted a threat against Douglas's English teacher. Based on this finding, the court adjudicated Douglas delinquent for violating the disorderly conduct statute, Wis. Stat. § 947.01 (1997-98).[1]
¶2 Douglas now petitions this court to reverse the court of appeals decision, which affirmed his delinquency adjudication. In doing so, he presents two issues for review: (1) Can the disorderly conduct statute be construed to criminalize purely written speech, even if the speech does not cause a disturbance? (2) If so, is his speech protected by the First Amendment,[2] thus barring the State from prosecuting him for disorderly conduct?
¶3 We conclude that purely written speech, even written speech that fails to cause an actual disturbance, can constitute disorderly conduct as defined by § 947.01; however, because Douglas's speech falls within the protection of the First Amendment, the State nonetheless is barred from prosecuting Douglas for disorderly conduct. Accordingly, we reverse the decision of the court of appeals.
