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You are here: Home / News / State lawmaker promises replacement after court strikes down telephone stalking law

State lawmaker promises replacement after court strikes down telephone stalking law

December 13, 2019 By Bill Werner

State Representative John Lesch says he’ll introduce a bill to protect domestic violence survivors, after the state Court of Appeals ruled Minnesota’s law prohibiting stalking-by-telephone is overly broad and unconstitutional. The decision was in a Rice County case where a man left angry phone messages for government officials. Representative Lesch says, “I think there is a different level of free speech protections when you are speaking to a government official than if you’re just speaking to another individual.”

The Appeals Court said Jason Elliot Peterson’s behavior was upsetting and inappropriate, but the state can’t prohibit it by “criminalizing a substantial amount of protected speech in an overly broad statute.”

Lesch, a Saint Paul Democrat, says there are the votes in the Minnesota House to pass his bill.

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