Saturday, July 21, 2012

Melchert-Dinkel Decision

The syllabus from the decision affirming Melchert-Dinkel's conviction is set forth below.  To view the entire decision, click here.  


"1. Minnesota Statutes section 609.215, subdivision 1, which criminalizes advising, encouraging, or assisting another to commit suicide, is not unconstitutionally overbroad under the First Amendment.


2. The First Amendment does not bar the state from prosecuting a person for advising, encouraging, or assisting another to commit suicide by sending coercive messages to suicide-contemplating Internet users instructing them how to kill themselves and coaxing them to do so."