Tag: Elena Kagan

The Supreme Court May Not Have Doomed the Right to Protest After All

At the same time, the justices also held that a “mental state of recklessness” would be enough to meet that threshold. “[Colorado] must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” Justice Elena Kagan wrote for the 7–2 majority. “The State need not prove any […]

Read More

Don’t Panic About the Supreme Court’s Right to Protest Ruling—Yet

At the same time, the justices also held that a “mental state of recklessness” would be enough to meet that threshold. “[Colorado] must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” Justice Elena Kagan wrote for the 7–2 majority. “The State need not prove any […]

Read More