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Reason
Reason
Politics
Eugene Volokh

Court Overturns Littering Conviction for Leaving Bags with Messages on Neighbors' Lawns in Response to Their Political Signs

From State v. Dolcini, decided Monday by the Ohio Court of Appeals (opinion by Judge Jennifer Hensal, joined by Judges Scot Stevenson and Jill Flagg Lanzinger; for the factual backstory, see "85-year-old Hinckley man convicted twice for littering on Trump-supported neighbors" [WKYC, Phil Trexler & Marisa Saenz]):

Mr. Dolcini repeatedly placed paper material in the yards of two of his neighbors in response to political signs they displayed. The material was in bags that contained newspaper clippings, magazine articles, mail Mr. Dolcini had received, pamphlets, and other paper material. Mr. Dolcini had cut his address out of any of the mail, but the post office was able to use other identifying information on the pieces to determine they had been delivered to him. According to Mr. Dolcini, he delivered the material to promote the discussion of environmental issues. He removed his name because he did not want his mailbox to be blown up by an explosive, as had happened to another resident of his township.

Dolcini was convicted of littering, and sentenced to "30 hours of community service and … a $150 fine." Unconstitutional, the court held:

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