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Supreme Court Clarifies "True Threats" First Amendment Exception

Ken White · 27 Jun 2023 · popehat.substack.com ↗

2 korrents from this piece

Ken White did not write this page.

Every claim below was made in this piece, quoted word for word and numbered in the order the piece makes them, so you can read it there rather than take our word for it. The sentence above each quote is our reading of the claim, not their wording. Each quote was checked against a stored copy of the page at build time; where the two differ, the quote is the fact.

  1. Our reading

    There is no single reasonable person in America, which makes the objective test for a true threat very hard to administer.

    Their wordsAs I’ve argued before, the so-called “objective standard” can be very difficult to administer in this big diverse messy country where we often don’t share a common sense of reality and there is no uniform “reasonable person.”
    Interesting

  2. Our reading

    A threat loses First Amendment protection only if the speaker was at least reckless about it being taken as a threat.

    Their wordsNow, finally, the Court has resolved the question: the First Amendment requires that, at a minimum, the government prove that a speaker was reckless about whether their statement would be interpreted as threatening.
    Interesting