Plaintiffs, individuals who opposed hunting and generated documentary films of hunters for public’s education, filed instant pre-enforcement, First Amendment challenge to “hunter harassment” Wisconsin statute (Wisc. Stat. section 29.083(2)(a)(7)) that made it crime to interfere intentionally with a hunter by “maintaining a visual or physical proximity” to the hunter, by “approaching or confronting” the hunter, or by photographing, videotaping or otherwise recording activity of the hunter. Dist. Ct. erred in granting defendants’ motion for summary judgment, after finding that plaintiffs lacked standing to bring as applied challenge to instant Wisc. Statute, and that plaintiffs’ facial challenge to Wisconsin statute failed on its merits. Ct. of Appeals, though, held that plaintiffs had standing to bring instant claim, even though they had not been charged with violation of said statute, where plaintiffs offered evidence of well-founded fear of prosecution for activities protected by First Amendment, but proscribed by instant statute. Ct. of Appeals also found that plaintiffs’ challenges were meritorious, where statute was both unconstitutionally vague and overbroad. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
First Amendment