GA assisted-suicide law struck down
ATLANTA, Feb. 6 (UPI) — The Georgia Supreme Court struck down the state’s assisted-suicide law, saying it violated free-speech clauses in the state and U.S. constitutions.
“As a general matter … government has no power to restrict expression because of its message, its ideas, its subject matter, or its content,” said the unanimous decision issued Monday in favor of four members the Final Exit Network. ”
The four were charged for assisting in a 2008 suicide, The Atlanta Journal Constitution said. A 1994 Georgia law made it a felony for anyone “who publicly advertises, offers or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose.”
In the court opinion, Justice Hugh Thompson said the law criminalizes assisted suicides that include a public advertisement or offer to assist. However, many assisted suicides aren’t prohibited or specifically exempted, and the law does not make illegal all advertisements or offers to assist in a suicide.
The court noted it held in a previous case that First Amendment protections don’t extend to statements made to solicit criminal acts.
In the matter decided Monday, however, “assisted suicide is not a criminal activity and First Amendment protections extend to statements made offering to assist in the commission of a suicide,” the opinion said.
“The state has failed to provide any explanation or evidence as to why a public advertisement or offer to assist in an otherwise legal activity is sufficiently problematic to justify an intrusion on protected speech rights,” the opinion said.
“Absent a more particularized state interest and more narrowly tailored statute, we hold the state may not, consistent with the United States and Georgia constitutions, make the public advertisement or offer to assist in a suicide a criminal offense.”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Source Citation:
UPI,United Press International (2012-02-06). http://www.upi.com/Top_News/US/2012/02/06/Ga-assisted-suicide-law-struck-down/UPI-68921328555389/. UPI,United Press International. Retrieved 2012-02-14.
~catbombs
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~