Constitutional Law Court Mens Rea 
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.
JonathanTurley
JUNE 17, 2022
It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.
JonathanTurley
DECEMBER 20, 2022
That is a far cry from evidence showing mens rea — “guilty mind.” That speech appears protected by the First Amendment and existing Supreme Court precedent. There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership.
Expert insights. Personalized for you.
52 
Let's personalize your content