speech-integral-to-criminal-conduct exception (Michigan) · Go Syfert
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speech-integral-to-criminal-conduct exception in Michigan

5 Michigan opinions name it 2 courts 2018–2025 4 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Buchanan v. Crislergreen
michctapp · 2018 · cited in 4 Michigan opinions naming this issue, 2023–2025
2 sentences

2025The speech-integral-to-criminal-conduct exception generally applies to stalking and cyberstalking statutes, and, on that basis, this Court has rejected First Amendment challenges to those statutes, stating that “posting a message in violation of MCL 750.411s would not constitute protected speech because the message is integral to the harassment of the victim insofar as it leads to, and is intended to cause, unconsented contacts that terrorize, frighten, intimidate, threaten, harass, or molest the victim.” See Buchanan, 323 Mich App at 185-186.

2024Id. “[C]ourts analyzing First Amendment challenges relating to online postings and harassment often use a case-specific approach to determine whether the speech-integral-to-criminal-conduct exception may be applied.” Id. at 188. “[T]his analysis often hinges on whether the victim is a public or private figure and whether the topic is one of public concern.” Id.

34
United States v. Sayergreen
ca1 · 2014 · cited in 2 Michigan opinions naming this issue, 2018–2023
2 sentences

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

22
Giboney v. Empire Storage & Ice Co.green
scotus · 1949 · cited in 2 Michigan opinions naming this issue, 2018–2024
2 sentences

2024Here, the allegedly unlawful conduct was not “in part initiated, evidenced, or carried out by means of language,” Giboney, 336 US at 502 (emphasis added); instead, the allegedly unlawful conduct consisted solely of the speech at issue. 17 We decline to apply the speech-integral-to-criminal-conduct exception under these circumstances, and leave for another day the appropriate opportunity to further define the boundaries of this controversial exception to constitutional free-speech protections. 17 Because it is possible to violate MCL 168.932(a) by means of either conduct or conduct plus speech,

2018The speech-integral-to-criminal-conduct exception has its origins in Giboney v. Empire Storage & Ice Co. , 336 U.S. 490 , 69 S.Ct. 684 , 93 L.Ed. 834 (1949).

12
United States v. Christopher Osingergreen
ca9 · 2014 · cited in 2 Michigan opinions naming this issue, 2018–2023
2 sentences

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

12
United States v. Jovica Petrovicgreen
ca8 · 2012 · cited in 2 Michigan opinions naming this issue, 2018–2023
2 sentences

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Commonwealth v. Johnson green
mass · 2014
2 sentences

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

22018–2023
Organization for a Better Austin v. Keefe green
scotus · 1971
2 sentences

2023It also found precedent involving privacy rights distinguishable, noting that “respondent is not attempting to stop the flow of information into his own household, but to the public.” Id. at 420 . 4 Buchanan cited the following examples of cases applying the speech-integral-to-criminal- conduct exception to stalking and cyberstalking statutes: See, e.g., United States v Sayer, 748 F3d 425, 433-434 (CA 1, 2014); United States v Petrovic, 701 F3d 849, 855 (CA 8, 2012); United States v Osinger, 753 F3d 939, 947-948 (CA 9, 2014); United States v Matusiewicz, 84 F Supp 3d 363, 372-373 (D Del, 2015)

2023After exploring the elements and intent of MCL 750.411s, id. at 177-180, the Buchanan Court observed: Relevant to this case, several courts have also relied on the speech-integral- to-criminal-conduct exception in rejecting First Amendment challenges to stalking statutes, including cyberstalking statutes. …[4] “The government has a strong and legitimate interest in preventing the harassment of individuals.” Thorne v Bailey, 3 The Supreme Court observed that an injunction against leaflet distribution operated “not to redress alleged private wrongs, but to suppress, on the basis of previous publ

12023–2023
People v. White green
michctapp · 1995
2 sentences

2023As additional authority, Buchanan also cited People v White, 212 Mich App 298, 311 ; 536 NW2d 876 (1995), which rejected a free-speech challenge to MCL 750.411h and MCL 750.411i because stalking involved a course of conduct consisting of speech combined with conduct.

2023As additional authority, Buchanan also cited People v White, 212 Mich App 298, 311 ; 536 NW2d 876 (1995), which rejected a free-speech challenge to MCL 750.411h and MCL 750.411i because stalking involved a course of conduct consisting of speech combined with conduct.

12023–2023
United States v. Matusiewicz green
ded · 2015
1 sentence

2018See, e.g., Sayer , 748 F.3d at 433-434 ; United States v. Petrovic , 701 F.3d 849 , 855 (C.A. 8, 2012) ; United States v. Osinger , 753 F.3d 939 , 947-948 (C.A. 9, 2014) ; Matusiewicz , 84 F.Supp.3d at 372-373 ; Johnson , 470 Mass. at 310 , 21 N.E.3d 937 ; United States v. Sergentakis , opinion of the United States District Court for the Southern District of New York, issued June 15, 2015 (Case No. 15-cr-33 (NSR) ), p 7, 2015 WL 3763988 .

12018–2018

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.411s (4) MI § Mich. Comp. Laws § 750.411h (3) MI § Mich. Comp. Laws § 750.411i (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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