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Bar Practice Question for October 28th

When a state governor announces that he is going on a trade mission to promote the state's trade with a country ruled by a dictator who has had thousands of people killed, a human rights activist is furious. She decides to do whatever she can to persuade state residents to contact the governor's office to express their disagreement. She gets a bullhorn and stands in front of the state capitol, making a speech about the human rights horrors that are taking place in the other country and the importance of not having the governor give apparent approval to the regime. As she gets more upset, she shouts that the Governor is "an embarrassment to our state and should be tarred and feathered." She is charged with violating a state statute that provides: "No person shall clearly and definitively intimidate or threaten the health, safety or welfare of a public official for any reason related to the official acts or duties of said public official."

If the activist challenges the constitutionality of the state statute as applied to her, how is the court likely to rule?

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