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

JonathanTurley

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Peter Hermes, Kevin Desilet, Samantha Murphy, and John Murphy refused to verify their tax liabilities because they feared criminal prosecution.

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SCOTUS Rules Website Designer Can Refuse Same-Sex Customers

Constitutional Law Reporter

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. The law defines “public accommodation” broadly to include almost every public-facing business in the State. The Tenth Circuit Court of Appeals affirmed.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Supreme Court also noted the testimony of the defendant’s expert on nonviolent resistance “that peaceful civil disobedience is essential to combating climate change.”

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SCOTUS Rules Trump Can Remain on Ballot Rejecting 14th Amendment Challenge

Constitutional Law Reporter

Facts of the Case Six months before the March 5, 2024, Colorado primary election, four Republican and two unaffiliated Colorado voters filed a petition against former President Trump and Colorado Secretary of State Jena Griswold in Colorado state court.

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What to Expect in a Post-Roe World

JonathanTurley

That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. Below is my Hill column on what to expect in a post-Roe world.

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Colorado Judge Rejects 14th Amendment Disqualification Effort to Bar Trump from Ballot

JonathanTurley

Colorado Judge Sarah Wallace has become the latest jurist to reject the effort to bar former president Donald Trump from the ballot under the novel 14th Amendment theory. We need to put this insidious legal theory to rest with the finality and clarity of a Supreme Court decision. I hope that she does. Griswald

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