LOCAL/S TATE
The Michigan Daily - Friday, October 27, 2000 -
5
"State asks appeals court to review
antistalking, harassment regulations
MOOD
Continued from Page 1.
"Beat Michigan Week," which
involves a lot of student activities
before the two football rivals
meet, said Bethany Dohnal, com-
munications specialist for the
American Red Cross' central
Ohio blood services region.
"It's a good partnership with
Michigan for some positive com-
petition," Dohnal said. "Of
course we want to win both the
Blood Battle and the game."
Blood Battle
Date Place Time
f Oct. 27 Michigan Union 9 a m. 6 pm.
! Nov. 5 Stock~well 11 a.m. 5 p.m.
Nov. 6 East Quad 2 p.m- 8 p.n.
" Nov.,7 BusinessSchool 12 prm-6 p.m.
" Nov. 7 St. Mary's Student 11:30 a.m.
Parish 5:30 p.m.
Nov. 8 South Quad 12 p.m. -6 p.m,
More blood donation events are scheduled
through Nov, 17.
CINCINNATI (AP) - Lawyers for the state of
Michigan asked a federal appeals court yesterday to
'revive a state law that made it a crime to stalk and
harass a victim.
- Janet Van Cleve, who argued the case for the state,
asked the 6th U.S. Circuit Court of Appeals to reject
U.S. District Judge Richard Enslen's July decision
that the law is unconstitutional.
Appeals judges Richard Suhrheinrich, Karen
Moore and Nancy Edmunds took the case under
review and did not say when they will rule.
Enslen ruled that the law is so broadly written it
might be used to prosecute journalists or telemar-
keters who, in doing their jobs, have zealously pur-
sued someone. Van Cleve told the appeals court,
however, that Enslen's ruling should be overturned
because he threw out the law on the basis of unlikely,
hypothetical examples.
The issue started with the case of convicted stalker
Ferry Lee Staley, who is serving a 15-to-25-year state
prison sentence in Michigan. Staley remains in
prison while the appeal is pending.
His lawyer, David Dodge, asked the appeals court
to uphold the ruling against Michigan's law. Dodge
said the law could be used to prosecute labor picket-
in .
"There is a chilling effect here on freedom of
expression," Dodge said.
Van Cleve conceded, under questioning from
Edmunds, that the law could conceivably be used to
prosecute a reporter who followed a trial juror
around in hopes of getting an interview.
"I don't think we want to criminalize news investi-
gation, do we?" Edmunds asked.
But, Van Cleve said prosecution it. such circum-
stances would be unlikely unless the reporter was
engaging in harassing behavior such as repeatedly
telephoning the juror or calling in the early morning
hours.
"As always, it depends on the conduct," she told
the judge.
Under Michigan's law, people may be convicted of
a felony if they make unwanted contact with a victim
two or more times and make a "credible threat" at
least once. Activists against domestic violence are
lobbying to save the lawyer.
Jim Fink, chairman of the state Domestic Violence
Prevention and Treatment Board. said the law is
important because it allows the law to address dan-
gerous behavior without waiting for there to be phys-
ical assault.
Currently,.approximately 126 people are incarcer-
ated for aggravated stalking, Fink said. That number
does not included misdemeanor stalking or people
who were on probation, he said.
Prosecutors in Michigan are supporting the state's
defense of the law, Van Cleve said.
Enslen focused on language that states: "Harass-
ment does not include constitutionally protected
activity or conduct that serves a legitimate purpose."
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