Robert Geddes appeals from judgments of sentence on five counts of trespass as a hate crime in violation of Iowa Code sections 716.7(2)(a)(1), 716.8(3), and 729A.2(4), after he posted handwritten notes that included “Burn that gay flag” on the front doors of residences where rainbow flags were displayed. He argues: (1) there was insufficient evidence to support the judgments; (2) the subject Iowa Code sections violated the Iowa and federal constitutional guarantees of freedom of speech because he did not use fighting words, there was no accompanying assaultive conduct, and the statute was not the least restrictive means of achieving the State’s interests; and (3) Iowa Code section 716.7(2)(a)(1) is unconstitutionally vague and overbroad as applied, as well as facially vague, under both the Iowa and federal constitutions.

County:

Boone

Trial Court Case No.:

SRCR114537