The Volokh Conspiracy - <i>State v. Stonecalf Warriorwoman</i>,

Idaho District Court (Aug. 26, 2008):

According to the stipulated facts, on February 10, 2007, North Idaho College (NIC), learned that defendant Stonecalf Warriorwoman (Warriorwoman) was planning on attending a concert at NIC, on February 27, 2007, for the purpose of making a political statement. NIC learned of this through a posting placed on the internet by Warriorwoman. NIC also received a telephone call from Warriorwoman saying she was going to be at the Raining Jane concert that night, and she was going to bring a “Tomahawk with a 30-million-year-old part to it, that she planned to dance and would be wearing too tight of clothing, and she wanted a black student and a yellow student to dance with her.” The stated reason was “She was holding the four corners of the earth to save the evil American.” Warriorwoman did show up at NIC on the evening of February 27, 2007, with a backpack and was told by a security officer for NIC that she was “being trespassed” and needed to leave. Idaho Code § 18-7008(8) lists the following as one of several ways one can commit the crime of trespass:

Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property within a year, after being so notified;

On March 20, 2007, Warriorwoman returned to the NIC campus and attended the Popcorn Forum. NIC security called Coeur d’Alene Police, and Warriorwoman was arrested and incarcerated on the trespassing charge.

Held: Applying the trespass statute here didn't violate Warriorwoman's First Amendment rights. "For obvious reasons, Warriorwoman’s February 27, 2007, phone call to NIC, that she was going to attend the concert that night, that she was going to bring a tomahawk with a 30-million-year-old part to it, that she planned to dance, and she would be wearing too tight of clothing and wanted a black student and a yellow student to dance with her, and then her showing up that night, raised obvious safety concerns. You simply do not threaten to bring a tomahawk to a concert, then show up at the concert, and later claim your free speech rights were violated."

The court then errs, I think, in concluding that "It is conduct, not speech that is involved"; Warriorwoman was barred from the college because of her speech -- but I do think that the speech was such as to lead the college to have good reason to fear her future conduct.

I should note that Warriorwoman has also "warned citizens of Vice President Chaney’s attempts at mind control and announced that she would be willing to be Barack Obama’s Vice-Presidential candidate."

	[Eugene Volokh, September 22, 2008 at 11:10am] Trackbacks State v. Stonecalf Warriorwoman, Idaho District Court (Aug. 26, 2008): According to the stipulated facts, on February 10, 2007, North Idaho College (NIC), learned that defendant Stonecalf Warriorwoman (Warriorwoman) was planning on attending a concert at NIC, on February 27, 2007, for the purpose of making a political statement. NIC learned of this through a posting placed on the internet by Warriorwoman. NIC also received a telephone call from Warriorwoman saying she was going to be at the Raining Jane concert that night, and she was going to bring a “Tomahawk with a 30-million-year-old part to it, that she planned to dance and would be wearing too tight of clothing, and she wanted a black student and a yellow student to dance with her.” The stated reason was “She was holding the four corners of the earth to save the evil American.” Warriorwoman did show up at NIC on the evening of February 27, 2007, with a backpack and was told by a security officer for NIC that she was “being trespassed” and needed to leave. Idaho Code § 18-7008(8) lists the following as one of several ways one can commit the crime of trespass: Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property within a year, after being so notified; On March 20, 2007, Warriorwoman returned to the NIC campus and attended the Popcorn Forum. NIC security called Coeur d’Alene Police, and Warriorwoman was arrested and incarcerated on the trespassing charge. Held: Applying the trespass statute here didn't violate Warriorwoman's First Amendment rights. "For obvious reasons, Warriorwoman’s February 27, 2007, phone call to NIC, that she was going to attend the concert that night, that she was going to bring a tomahawk with a 30-million-year-old part to it, that she planned to dance, and she would be wearing too tight of clothing and wanted a black student and a yellow student to dance with her, and then her showing up that night, raised obvious safety concerns. You simply do not threaten to bring a tomahawk to a concert, then show up at the concert, and later claim your free speech rights were violated." The court then errs, I think, in concluding that "It is conduct, not speech that is involved"; Warriorwoman was barred from the college because of her speech -- but I do think that the speech was such as to lead the college to have good reason to fear her future conduct. I should note that Warriorwoman has also "warned citizens of Vice President Chaney’s attempts at mind control and announced that she would be willing to be Barack Obama’s Vice-Presidential candidate."