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Justices throw out Colorado man’s stalking conviction in First Amendment dispute

SCOTUSBlog

Share The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. She canceled appearances, started to carry a gun, and eventually left Colorado for the east coast.

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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

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.

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Federal Court Enjoins “Assault Gun” Ban in Boulder County, Colorado

JonathanTurley

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent.

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SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies

Constitutional Law Reporter

Supreme Court recently granted certiorari in Counterman v. Colorado , which involves the standard for determining when statements are “true threats” that are not protected by the First Amendment. 723 (2015), but ultimately decided the case before reaching the constitutional issue. a singer-songwriter based in Colorado.

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Turley Speaks at Tenth Circuit Judicial Conference

JonathanTurley

I have the honor of speaking today at the Tenth Circuit judicial conference in Colorado Springs, Colorado. I will be part of a panel discussing the Supreme Court’s recent religious freedom cases and related First Amendment issues. Lucero of the Tenth Circuit Court of Appeals. the Court handed down two major such rulings.

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Looking Back at the Biggest Constitutional Law Decisions of 2023

Constitutional Law Reporter

Constitutional law took center stage in many U.S. Supreme Court and the New Jersey Supreme Court cases decided in 2023. At the nation’s highest Court, the six-member conservative majority continued its trend of issuing transformative decisions, most notably in its landmark decision effectively ending affirmative action.

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“A Half-in, Half-Out Regime”: Thomas Slams the Continued Criminalization of Marijuana in Little Noticed Opinion

JonathanTurley

As we wait for the final cases from the Supreme Court this week, Monday was confined to orders of the Court, including the granting and denial of review of cases. That is hardly news on a Court that rejects most petitions for a writ of certiorari. This week, the Mexican Supreme Court decriminalized recreational use of marijuana.