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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

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.

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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

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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

Constitutional Law Reporter

Supreme Court unanimously held in Trump v. 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. It appears to the Court that for whatever reason the drafters of Section 3 did not intend to include a person who had only taken the Presidential Oath.” In NAACP v.

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