The Supreme Court heard oral arguments April 19 in Counterman v. Colorado, a case that questions whether intent is necessary to constitute a “true threat” — a category of speech that is unprotected by the First Amendment.
This teacher guide discusses many of the important unprotected categories of speech that have led to contentious First Amendment litigation through the years.
Today in this age of increased political polarization and the ubiquity of social media communications, the need for a clear definition of what exactly constitutes a true threat is even more important.
Fleury’s lawyers tried to dismiss the case ahead of his trial in October 2019, arguing that his comments, though noxious, were protected under the First Amendment. But U.S. District Judge Rodolfo Ruiz rejected their motion, writing that Fleury’s expression fell under a category of unprotected speech called true threats.
An online music video filled with violent threats directed towards two cops was a “true threat” and not protected speech […]
Is offensive speech, and especially hate speech, protected by the First Amendment? Some protesters use profane and scurrilous language to […]