Sentencing – Factors – Interplay with First Amendment-Protected Activity

State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02For Schreiber: William J. Donarski

Issue/Holding: “A sentencing court may consider writings and statements otherwise protected so long as there is a sufficient nexus to the defendant’s conduct and where the writings are relevant to the issues involved.” ¶16, citing Dawson v. Delaware, 503 U.S. 159, 164 (1992). Applying this test, it was proper to take into account Schreiber’s continued gang activity while on probation, despite express prohibition; and poetry he’d written extolling “the joy of inflicting violence on others.” ¶¶16-18.