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Reason
Reason
Politics
Eugene Volokh

Delaware Court on the First Amendment Exception to "Speech Integral to Criminal Conduct"

Friday's decision in State v. Reeves, decided by Judge Jeffrey Clark (Del. Super. Ct.), evaluates the Delaware stalking law under which

he or she (1) "threatens, or communicates to or about another" on 3 or more separate occasions, (2) in a manner that would cause a reasonable person to fear for their safety or experience significant mental anguish or distress.

The court concluded that the statute would be unconstitutional as applied to certain contexts:

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