Legal Update September/October 2023
Larry E. Holtz, Esq. True Threats of Violence True threats of violence are “outside the bounds of First Amendment protection and punishable as crimes.” Counterman v. Colorado, 600 US ___ (2023). Historically, “true threats” of violence have been an unprotected category of communications. See Virginia v. Black, 538 US 343, 359, 123 S.Ct. 1536 (2003). The “true” in that term distinguishes what is at issue from jests, “hyperbole” or other statements which, when taken in context, do not convey a…
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