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 […]
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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 […]
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