Supreme Court Makes it Tougher to Convict Someone for Making Violent Threat https://politicaliq.com/2023/06/27/supreme-court-makes-it-tougher-to-convict-someone-for-making-violent-threat/ #SupremeCourt #SCOTUS #Kagan #Sotomayor #ClarenceThomas #Gorsuch #Barrett #FirstAmendment #TrueThreat #Facebook #BillyCounterman #ColesWhalen #politicaliq #news #politics
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
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On the other, too high a standard of subjective intent for a true threat unprotected by the Free Speech Clause would allow speakers to terrify their targets and claim lack of sufficent proof that they intended or knew that speech was threatening.
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In #Counterman, #SupremeCourt had to balance the risk of chilling useful speech against the risk of letting people terrify & intimidate others w/o consequences
On the one hand, the lack of a subjective requirement for a true threat might chill speech that was rhetorical or joking or art bc speakers could not be sure what a court would conclude about reasonableness and stay silent
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Second #SCOTUS ruling is Counterman v. Colorado
Kagan writing for 7-2 Court
Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness
Here is the link: https://supremecourt.gov/opinions/22pdf/22-138_43j7.pdf
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2. Groff v. DeJoy: What counts as an “undue hardship” until Title VII’s requirement that employers accommodate employees religion unless it imposes an undue hardship.
3. Counterman v. Colorado: what kind of an intent must a speaker have for their speech to qualify as a true threat unprotected by the First Amendment Free Speech Clause
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The added twist in Counterman v. Colorado is that the Supreme Court has adopted an orginalist approach to unprotected categories of speech, arguing an unprotected category must date to the founding to be unprotected.
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Note there are different levels of intent: specific intent, knowledge, recklessness
Did he intend to frighten his target (specific intent)
or know full well that his comments would terrify (knowledge) or
suspected that they would but said them anyway (recklessness).
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The last set of regularly scheduled #SCOTUS arguments this term start next week. Highlights include an important #TitleVII religious accommodation case and what is a #TrueThreat in the social media context (plus a foreclosure #TakingsClause case that has a lot of attention). https://profzwolfe.com/2023/04/12/april-2023-arguments/
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