“The statute simply does not provide clarity that truthful speech which generates an innocent or unreasonable listener mistake is outside of its scope. And this is sufficient to confer pre-enforcement standing,” Justice Caleb Stegall said. “Thus, when the Legislature criminalizes speech and does not—within the elements and definitions of the crime—provide a high degree of specificity and clarity demonstrating that the only speech being criminalized is constitutionally unprotected speech, the law is sufficiently unclear to confer pre-enforcement standing on a plaintiff challenging the law.”

       

Cindy Speaker

CEO of Speaker Media and Marketing, is the "Secret Weapon of Personal Injury Lawyers and Trial Attorneys" throughout the United States. Specializing as a marketing consultant to lawyers, with a primary focus on content marketing, social media, online video and mobile marketing strategies.