Prosecution for Assisting Suicide Survives First Amendment Challenge But Advising and Encouraging Suicide Is Protected Speech

State v. Melchert-Dinkel, Minn.S.Ct., 3/19/2014.  It’s against the law in Minnesota for someone intentionally to advise, encourage, or assist another in suicide.  Mr. Melchert-Dinkel posed on line as a depressed and suicidal young female nurse.  He responded to posts on suicide websites to two individuals.  He encouraged each to hang themselves, falsely claimed that he would commit suicide, and attempted to persuade them to let him watch the hangings via webcam.  The state charged Mr. Melchert-Dinkel with aiding suicide under Minn.Stat. 609.214, subd. 1.  The district court, in a stipulated facts trial, found that Mr. Melchert-Dinkel had intentionally advised and encouraged both individuals to take their own lives.  The court concluded that Mr. Melchert-Dinkel’s communications with these two individuals fell outside protections of the First Amendment.

Justice Anderson, writing for only four members of the court – Justices Wright and Lillehaug took no part and Justice Page dissented – held that the state could prosecute Mr. Melchert-Dinkel for assisting another in committing suicide but not for either encouraging or advising another to do so.  In so concluding, the court rejected the state’s arguments that the statute, in its entirety, falls under each of three exceptions to First Amendment protections:  speech integral to criminal conduct, incitement, and fraud.  So, that left the state to convince the court that it could proscribe protected speech.  This requires proof that the state has a compelling government interest and that the statute is narrowly drawn to serve that interest.  The court easily determined that the state had a compelling interest in preserving human life.  On the second requirement, the court concludes that the statute prohibits helping a targeted person to commit suicide.  This prohibition is sufficiently narrowly drawn to satisfy the second requirement.

Not so with the statute’s prohibition against advising and encouraging another to commit suicide.  Such a prohibition includes having a general discussion with specific individuals or groups of individuals who may be contemplating suicide.  Speech in support of suicide is an expression of a viewpoint on a particular subject and is given the highest First Amendment protection.  As such, the state cannot prosecute someone for expression of the view that a particular person or group of persons ought to commit suicide.  The court basically writes these words – advise and encourage – out of the statute.

Justice Page agreed with the elimination of these words.  He believed that a remand to consider whether Mr. Melchert-Dinkel assisted these suicides was improper and unauthorized.