Final Exit Network, Inc. v. State
290 Ga. 508
| Ga. | 2012Background
- Georgia statute OCGA § 16-5-5 (b) makes public offers to assist suicide a felony with 1–5 year penalty.
- Appellants, FEN and individuals, were indicted in 2010 for offering to assist and assisting in suicide under § 16-5-5 (b).
- Appellants argued the statute is unconstitutional on its face under free speech provisions of the U.S. and Georgia Constitutions.
- Trial court denied motions to dismiss; appellate review granted on interlocutory appeal to challenge the constitutional challenge.
- Courts held § 16-5-5 (b) is unconstitutional as a content-based restriction on speech under strict scrutiny.
- Court reversed the trial court and declared § 16-5-5 (b) unconstitutional under both state and federal free speech clauses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 16-5-5 (b) content-based speech restriction? | FEN argues the statute targets speech about assisting suicide based on content. | State contends it regulates conduct tied to speech to prevent suicide with a narrowly tailored approach. | Yes; it is content-based and invalid under the First Amendment. |
| Does § 16-5-5 (b) survive strict scrutiny? | FEN argues the statute is underinclusive and not narrowly tailored to a compelling interest. | State asserts a compelling interest in preventing suicide and tailoring to public offers with overt acts. | No; it is not narrowly tailored and underinclusive, hence unconstitutional. |
Key Cases Cited
- Ashcroft v. American Civil Liberties Union, 535 U.S. 564 (U.S. 2002) (content-based restrictions require rigorous scrutiny)
- Ward v. Rock Against Racism, 491 U.S. 781 (U.S. 1989) (government content neutrality principle and burden on speech)
- United States v. Playboy Entertainment Group, 529 U.S. 803 (U.S. 2000) (strict scrutiny for content-based restrictions on speech)
- Brown v. Entertainment Merchants Ass'n, 131 S. Ct. 2729 (U.S. 2011) (danger of underinclusive restrictions on speech)
- Erznoznik v. Jacksonville, 422 U.S. 205 (U.S. 1975) (content discrimination requires clear justification)
- City of Ladue v. Gilleo, 512 U.S. 43 (U.S. 1994) (broad protections for speech; narrow restrictions scrutinized)