Legal Update

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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Legal Update May June 2019

Supreme Court Limits Excessive Forfeitures as Criminal Penalties Larry E. Holtz, Esq. Recently, in Timbs v. Indiana, 586 U.S. ___ (2019), the United States Supreme Court unanimously ruled that states cannot impose excessive fees, fines and forfeitures as criminal penalties. The Court’s decision underscores that the Eighth Amendment’s prohibition against “excessive fines” applies to states and localities as well as the federal government. Justice Ruth Bader Ginsburg, just back in court after lung cancer surgery, wrote the majority opinion and…