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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. 723 (2015), but ultimately decided the case before reaching the constitutional issue. The Colorado Court of Appeals affirmed the conviction. The court acknowledged that “[s]ocial media magnify the potential for a speaker’s innocent words to be misunderstood.”

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“The Spirit of Aloha”: The Hawaii Supreme Court Challenges the U.S. Supreme Court Over Gun Rights

JonathanTurley

It has been 65 years since Hawaii became a state, but the Hawaiian Supreme Court appears to be having second thoughts. In an extraordinary ruling, the unanimous Supreme Court rejected the holdings of the United States Supreme Court on the Second Amendment as inapplicable to the 50th state. On Wednesday, in State v.

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Are You in an Anti-Free Speech State? We Now Have The Definitive List

JonathanTurley

Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Not surprisingly, the state of California is leading the effort to get the Supreme Court to reverse a decision enjoining the government from censorship efforts.

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The Jackson Hearings and the Death of the Confirmation Process

JonathanTurley

captured the historic confirmation hearing for Judge Ketanji Brown Jackson , the first Black woman nominated to the Supreme Court. Mazie Hirono (D-Hawaii) agreed. Other questions, however, were related to the Court or her own approach to the law. Both controversies concern the Court’s internal functioning.

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Greater than Holmes? The life and legacy of John Marshall Harlan

SCOTUSBlog

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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Biden’s ‘Orwellian Ministry of Truth’: Court Finds a ‘Massive Attack’ on Free Speech in Government Censorship Efforts

JonathanTurley

Others are only focusing on the injunctive relief rather than the court’s finding that these states are substantially likely to prevail on the merits in showing that the government use social media companies as surrogates for censorship. Tulsi Gabbard (D-Hawaii) as “Putin apologists.” ” Those words by Chief U.S.

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Confirmation Bias: The Fighting Has Already Begun and Biden Hasn’t Even Named a Nominee

JonathanTurley

Below is my column the the Hill on the early controversies over President Joe Biden’s first nomination for the Supreme Court. Hawaii) has made controversial comments over her desire to have the next nominee rely not just on the law but the nominee’s life experiences to reach the right result in court cases.

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