# State v. Moyer

> Court of Appeals of Oregon · January 7, 2009 · 225 Or. App. 81

URL: https://www.frixlaw.com/law-library/cases/9795687

## Case

- **Full name:** STATE OF OREGON, Plaintiff-Appellant, v. THOMAS PAUL MOYER, Defendant-Respondent; STATE OF OREGON, Plaintiff-Appellant, v. VANESSA COLLEEN STURGEON, AKA Vanessa Sturgeon, AKA Vanessa Colleen Kassab, Defendant-Respondent; STATE OF OREGON, Plaintiff-Appellant, v. SONJA R. TUNE, Defendant-Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** January 7, 2009
- **Citations:** 225 Or. App. 81; 200 P.3d 619; 2009 Ore. App. LEXIS 16
- **Precedential status:** Published
- **Opinion:** Concurrence by Brewer
- **Judges:** Brewer, Edmonds, Landau, Haselton, Armstrong, Wollheim, Schuman, Ortega, Rosenblum, Sercombe
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9795687

## Opinion text

*99 BREWER, C. J.,
concurring.
I agree with the majority that ORS 260.402 focuses on the harmful effects of speech, not speech itself. Therefore, I concur in the result that the majority reaches.
I disagree, however, that the statute is wholly contained within a historical exception to the guarantee of Article I, section 8, of the Oregon Constitution. My quarrel is not with the majority’s able effort to apply the historical exception prong of the State v. Robertson, 293 Or 402 , 694 P2d 649 (1982), methodology. Suffice it to say that, in my view, a more practical and predictable basis for determining the scope of the constitutional guarantee lies in the distinction between speech and its effects, rather than in reliance on the sometimes debatable and obscure remnants that a limited historical record may yield concerning possible exceptions that do not comport with the constitutional text.
Accordingly, I respectfully concur.
Edmonds, J., joins in this concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795687. Public record. Not legal advice.