Ken WhiteJun 27, 2023

The Supreme Court has clarified the subjective component of the "true threats" test, making the First Amendment's exception for true threats a bit clearer

https://popehat.substack.com/p/supreme-court-clarifies-true-threats

Supreme Court Clarifies "True Threats" First Amendment Exception

Fine, Stop Whining, We'll Explain, Court Says

The Popehat Report
Show threaddiagda
@Popehat Hi do,you,think the supreme court is trending towards mirroring Germany’s laws on inciting and making threats or hinting to do harm as not protected and actionable? this case test seems to apply to for example Mr. Trump who has used the public square to bully and threaten public figures like judges and law enforcement? would this mean they as in cities or even states ban trump from speaking or charge trump? interesting
Jun 27, 2023 at 10:11pmWeb
Show threadBiz5thJun 28, 2023

@diagda @Popehat

I'm sorry if this is a dumb question, but does this decision have any application to whether Trump was inciting violence in the run-up to January 6th?

Show threadKen WhiteJun 28, 2023
@Biz5th @diagda Not dumb. But that was likely an incitement theory, and this is true threats, which is different. “Go do that” vs “I will do that.”