Powell (D) a teacher at Western New Mexico University, was convicted of criminal libel in magistrate court because of accusations he had made against the university's acting vice-president for academic affairs. D appealed to district court and a trial de novo. D moved to dismiss the complaint on the grounds that the criminal libel statute is unconstitutional on its face and is unconstitutional as applied to the charge against him. The district court held that (1) the statute is unconstitutional on its face, (2) the statute is unconstitutional as it applies to libel of public officials or public figures, and (3) the crime alleged against D was libel of a public figure. P appealed.

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