Constitutional Law Reporter

JULY 19, 2023

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. The Colorado Supreme Court denied review. In Counterman v.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

JonathanTurley

JUNE 17, 2022

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

Mens Rea 38

Mens Rea Law School Laws Felony 38

JonathanTurley

DECEMBER 20, 2022

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That is a far cry from evidence showing mens rea — “guilty mind.” At 4:17 p.m., In Brandenburg v.

Mens Rea 56

Mens Rea Felony Drafting Court Rules 56