Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Ultimately, the district court held that Smith was not entitled to the injunction she sought. The Tenth Circuit Court of Appeals affirmed.

Court 52

Court Government Constitutional Law Statute 52

ClimateChange-ClimateLaw

AUGUST 4, 2021

The intermediate appellate court held that the defendant was not entitled to present the defense because he had “reasonable legal alternatives” to trespass and obstruction even if those alternatives were not effective. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

Court 40

Court Litigation Litigating Government 40