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Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
All Faculty Scholarship
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.