chilling effect on expression protected by the First
Amendment, the key concern of the overbreadth doctrine.
Id. at 174 (quotations omitted).
Conversely, in State v. Muccio, the Minnesota Supreme Court held that Minn. Stat.
§ 609.352, subd. 2a(2) (2016), which prohibits an adult from participating in the electronic
transmission of information relating to or describing the sexual conduct of any person, if
the communication is directed at a child and the adult acts with the specific intent to arouse
the sexual desire of any person, is not substantially overbroad in violation of the First
Amendment. 890 N.W.2d 914, 917-18 (Minn. 2017). The supreme court reasoned in part
that “because of its specific-intent requirement, the statute does not target broad categories
of speech.” Id. at 928 (citation omitted); see also State v. Washington-Davis, 881 N.W.2d
531, 533, 539 (Minn. 2016) (holding that “Minnesota Statutes § 609.322, subd. 1a(1)-(2)
(2014), which criminalizes the promotion of prostitution and the solicitation of individuals
to practice prostitution, is not substantially overbroad in violation of the First Amendment”
in part because the statute criminalizes the solicitation and promotion of individuals to
engage in sexual conduct only if the sexual conduct is done for the purpose of satisfying
the actor’s sexual impulses).
This court has similarly considered the impact of a specific-intent requirement in an
overbreadth analysis. See Stockwell, 770 N.W.2d at 539; Dunham, 708 N.W.2d at 566.
Most recently, in Linert v. MacDonald, this court held that Minn. Stat. § 211B.02 (2016),
which prohibits candidates from knowingly making false claims of support or
endorsement, is not facially overbroad in violation of the First Amendment. 901 N.W.2d
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents