People v. Swenson

This case presents question as to whether record contained sufficient evidence to support defendant’s conviction on charge of disorderly conduct that arose out of telephone call defendant made to director of admissions at day school that, according to State, caused breach of peace. Record showed that: (1) defendant had asked director series of questions regarding school’s preparedness for individuals coming to school’s campus with guns and about what school would do if he came to campus with gun; and (2) director eventually called 911 because she believed that defendant was actually on school’s campus and had asked whether school was prepared to have “blood of sacrificial lambs on her hands that day.” Appellate Court found that there was sufficient evidence to establish that defendant committed unreasonable act that he knew or should have known would tend to alarm or disturb another so as to provoke breach of peace. In his petition for leave to appeal, defendant argued that there was reasonable doubt as to charged offense, where: (1) trial court found that defendant had made no threats during phone call; and (2) his speech during telephone call was protected under 1^st Amendment.