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The Wisconsin Supreme Court in its final decision sided with the state, arguing that freedom of speech is still unsettled law and that her attorney acted rationally in not utilizing it for the defense.
'Nothing in the majority opinion should be read as commenting on the merits of the underlying First Amendment defense,' Justice Shirley Abrahamson wrote in an concurring opinion.
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The Wisconsin Supreme Court has upheld a woman's conviction for swearing at her son.
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Breitzman, 44, was sentenced to six-months in jail with release privileges.
While serving her sentence, she appealed the disorderly conduct conviction, arguing that her language wasn't inciting violence or a true threat and therefore is protected speech.
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She also claimed her attorney was ineffective for not arguing the charge violated the First Amendment.Tags: Adult Dating, affair dating, sex dating