Hoggarth v. Kropp

Summary

The North Dakota Supreme Court affirmed the imposition of a disorderly conduct restraining order against Mary Kropp based on a threatening parking-lot confrontation and harassing emails to the Hoggarth family. The court held that Kropp's conduct, viewed in context, was not constitutionally protected speech. It remanded for the order to be narrowed by establishing specific distance boundaries and schedules for shared public, school, church, and sporting events.

Holdings

1. The conduct underlying Kropp's statements and email messages was not constitutionally protected activity and provided a reasonable basis for a disorderly conduct restraining order.
2. The order's imposition was proper, but its terms were excessively restrictive because it required Kropp to leave any public place immediately upon recognizing a Hoggarth family member. The order had to be modified to establish specific distance boundaries and schedules for limited common school, public, and religious functions.

Questions Presented

1. Whether Kropp's statements during the workplace parking-lot confrontation and her email messages were constitutionally protected speech that could not support a disorderly conduct restraining order.
2. Whether the restraining order was impermissibly broad because it barred Kropp from public places where the parties might simultaneously be present and required her to leave immediately.

Disposition

reversed_and_remanded