The Supreme Court has ruled in favor of Billy Counterman, who was convicted of making "true threats" to a local musician on Facebook. The court raised the bar for establishing when a statement is a "true threat" not protected by the First Amendment, making it more difficult for prosecutors to prove that a statement is a true threat. The ruling is seen as a victory for free speech advocates, and is expected to have a major impact on how prosecutors handle cases involving threats made on social media.
Posts tagged as “the Establishment Clause of the First Amendment”
Pat Robertson, a religious broadcaster and founder of The Christian Broadcasting Network, passed away Thursday at the age of 93. He was a former Southern Baptist minister and founded CBN in 1960, making it the first television network dedicated to Christian broadcasting in the U.S. Robertson was a prominent figure in conservative Christian political and entertainment circles, and had a lasting impact on the movement through his contributions to the Christian faith and his Christian Coalition. He also founded Regent University, the American Center for Law and Justice, and Operation Blessing.
The Supreme Court will hear a case involving the trademark of the phrase "Trump Too Small" on t-shirts and hats, which is a double entendre referring to a joke made by Senator Marco Rubio during the 2016 Republican presidential primary debate. The case, Vidal v. Elster, will decide whether California lawyer Steve Elster can register the trademark, and could have far-reaching implications for the First Amendment if the Supreme Court rules in favor of Elster. The Supreme Court has not yet set a date for the hearing.
A federal judge has ruled that Tennessee's law restricting drag performances in public or where children were present is unconstitutional, striking a blow to efforts in U.S. states to regulate LGBTQ conduct. U.S. District Judge Thomas Parker noted that the First Amendment to the Constitution commands that laws infringing on freedom of speech must be narrow and well defined. This ruling is a victory for LGBTQ rights activists and a reminder of the importance of the First Amendment in protecting freedom of speech, though it is likely to be appealed.
Hamburger Mary's, a popular Florida burger joint, is challenging a new law signed by Gov. Ron DeSantis in federal court that restricts drag show performances and subjects businesses in violation of the law to liquor license revocation and hefty fines. The lawsuit alleges that the law violates the First Amendment rights of Hamburger Mary's to free expression, and the restaurant is asking the court to halt enforcement of the law until the case is resolved.
Montana has become the first state to ban the popular social media app, TikTok. The ban was signed into law by Governor Greg Gianforte and has been challenged by TikTok in a U.S. District Court lawsuit, arguing that it violates the First Amendment. The company believes its legal challenge will prevail and the ban affects the hundreds of thousands of TikTok users in Montana. The lawsuit is the latest in a series of legal challenges to the app, which has been the subject of scrutiny from the U.S. government.
A jury has begun deliberations in the civil lawsuit brought against former President Donald Trump by writer E. Jean Carroll, who alleges battery and defamation. During closing arguments, Carroll's attorney argued that Trump has a "M.O." of targeting women, while Trump's attorney argued that Carroll's claims were false and protected by the First Amendment. The jury will decide whether Trump is liable for the attack and whether Carroll should be awarded financial damages, with the outcome potentially setting a precedent for future cases involving public figures.
Key takeaways: Justice Robert R. Reed of the New York Supreme Court ruled that Trump’s claims against The New York Times and its journalists for…