Boyle v. Landry (1971) reversed injunctions against enforcement statutes
and ordinances prohibiting intimidation, despite a First Amendment plea by
In Counterman v. Colorado, 600 U. S. ____ (2023), the U.S. Supreme Court vacated the conviction of a man found guilty of stalking a female musician, ruling that the First Amendment’s protection of free speech requires that prosecutors show that he was aware of the threatening nature of his communications. The ruling provided additional
The Supreme Court declined to hear an appeal of a Kansas State Supreme
Court ruling that invalidated a statute criminalizing threats made with
reckless disregard for the fear they causes. Justice Clarence Thomas
dissented, saying he thought the truth threat jurisprudence needed to be
Lavine v. Blaine School District (9th Cir. 2001) said a school’s decision
to emergency expel a student who submitted a violent-themed poem did not
violate the First Amendment.
A Colorado appellate court’s ruling in an online stalking case has led to a review by the U.S. Supreme Court on what the government must show about the speaker’s state of mind for speech to be considered a “true threat” and not protected under the First Amendment. In People v. Counterman (2021), the Colorado
In Perez v. Florida (2017), the Supreme Court declined to look at the First
Amendment issues in the the conviction of a man who drunkenly stated he
could blow up a liquor store.
Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition
of Life Activists (2002) determined that anti-abortion speech was not
protected by the First Amendment.