West v. GeorgiaAnnotate this Case
This issue presented in this interlocutory appeal centered on a facial constitutional challenge to OCGA 20-2-1182, which criminalized upbraiding, insulting, or abusing a public school teacher, administrator, or bus driver in the presence of a pupil while on the premises of a public school or school bus. Appellant Michael West was arrested and charged under the statute, and he thereafter filed a general demurrer, contending, among other things, that the statute was unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United States Constitution. The trial court denied the demurrer but granted West a certificate of immediate review; West subsequently filed an application for interlocutory appeal, and the Georgia Supreme Court granted the application to review the substance of West’s constitutional challenge. The Court agreed with West that OCGA 20-2-1182 was unconstitutionally overbroad and reversed the judgment of the trial court.