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STATE v. TRACY

No. 14-055.

130 A.3d 196 (2015)

2015 VT 111

STATE of Vermont v. David TRACY.

Supreme Court of Vermont.

August 28, 2015.

Attorney(s) appearing for the Case

William H. Sorrell , Attorney General, and Sarah Katz , Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, Rebecca Turner , Appellate Defender, and Lauren Migliaccio , Law Clerk (on the Brief), Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, SKOGLUND, ROBINSON and EATON, JJ.

¶ 1. Defendant David Tracy was convicted of disorderly conduct by "abusive . . . language," 13 V.S.A. § 1026(a)(3), following a heated exchange with his daughter's basketball coach. The trial court, following a bench trial, concluded that defendant's language was not protected by the First Amendment to the United States Constitution...

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