No, they declared Colorado's law is bad. This was a decision written by a liberal woman, joined by the other two liberal justices and four of the conservative ones. They do not have it out for women.
Barrett has actually been surprisingly reasonable in many recent rulings. In this case, though, she was, strangely, writing against the free speech protections that conservatives have been trying to use with anti-LGBT hate speech. Here are some excerpts from the NYT article:
“The state must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” [Kagan] wrote. “The state need not prove any more demanding form of subjective intent to threaten another.”
Justice Kagan acknowledged that “true threats,” like libel, incitement, obscenity and fighting words, are not protected by the First Amendment. But she said the risk of chilling protected speech warranted imposing an added burden on prosecutors.
“The speaker’s fear of mistaking whether a statement is a threat; his fear of the legal system getting that judgment wrong; his fear, in any event, of incurring legal costs — all those may lead him to swallow words that are in fact not true threats,” she wrote.
Lawyers for the state responded that it was enough to look at the words in question, how they were conveyed and the response they elicited. The speaker’s subjective intent, they said, does not matter.
Justice Kagan analyzed the question by examining how the Supreme Court had treated other categories of unprotected speech, notably libel. Noting that public figures must show at least reckless disregard of the truth — meaning subjective awareness of probable falsity — to prevail in libel cases, she said something similar was required in true-threats prosecutions.
Justice Clarence Thomas issued a brief dissent that repeated his call to reconsider New York Times v. Sullivan, the landmark 1964 libel decision interpreting the First Amendment to make it hard for public officials to prevail in libel suits.
“It is thus unfortunate,” he wrote, “that the majority chooses not only to prominently and uncritically invoke New York Times, but also to extend its flawed, policy-driven First Amendment analysis to true threats, a separate area of this court’s jurisprudence.”
In a second dissent, Justice Amy Coney Barrett, joined by Justice Thomas, wrote that an objective standard was sufficient in true-threats prosecutions.
“The bottom line is this,” she wrote, quoting phrases from Justice Kagan’s opinion. “Counterman communicated true threats, which, ‘everyone agrees, lie outside the bounds of the First Amendment’s protection.’ He knew what the words meant. Those threats caused the victim to fear for her life, and they ‘upended her daily existence.’ Nonetheless, the court concludes that Counterman can prevail on a First Amendment defense. Nothing in the Constitution compels that result.”
Justice Barrett suggested that Justice Kagan’s position in the new case, Counterman v. Colorado, No. 22-138, was unprincipled.
“The reality,” she wrote, “is that recklessness is not grounded in law, but in a Goldilocks judgment: Recklessness is not too much, not too little, but instead ‘just right.’”
Responding in a footnote, Justice Kagan said she was not offended. “In law, as in life," she wrote, “there are worse things than being “just right.’”
@ernest how do I report a Magazin on kbin.social ? There is a usere called "ps" who is posting to his own "antiwoke" Magazin on kbin.social. Please remove this and dont give them a chance to etablish them self on kbin.social. When I report his stuff it will go to him because he is the moderator of the magazin? Seems like a...
Is that true? This case was Arizona v. Navajo Nation, which was consolidated with Department of the Interior v. Navajo Nation. These cases were brought by the government, not by the Navajo, but if they were, this case would have still been Navajo Nation v. Arizona. Is the respondent/defendent not the same as who the case is "against?"
Scientists have created synthetic human embryos using stem cells in a groundbreaking advance that side-stepped the need for eggs or sperm. Scientists say that these model embryos – which resemble those in the earliest stages of human development – could provide a crucial window into the impact of genetic disorders and the...
"We show that the perception of moral decline is pervasive, perdurable, unfounded and easily produced, and suggest that this illusion has implications for research on the misallocation of scarce resources, the underuse of social support and social influence."...
As a former redditor I am glad to have found a new "home" and I hope I'm not intruding. Nevertheless, we are all a huge migration that is bound to change how kbin works and we're bound to piss off some pre-migration Keebinetters. The fact you guys were here before and not in reddit makes evident you don't want this to become a...
Isn't this like saying that Chicagoans should just be called Illinoisans, which should just be called Americans, which should just be called Earthicans?
Versus the past several years where people would just say "whatever its reddit" without recognizing the irony. Like saying "whatever its just a english convention, not a grammer convention" and then they don't end the sentence with a period 😤
Aren't you kinda just doing the reddit thing of "I'm not who you asked but I'll chime in anyway?" Yes, you may be right, but why don't we let them answer rather than just turning it into another reddit hivemind circlejerk based on what we assume the answer is.
Reddit Threatens Subs to Go Public Again, or Else... (gizmodo.com)
The site is handing out Thursday deadlines for reopening as key metrics take a hit.
US Supreme Court sides with man who sent female musician barrage of unwanted messages (www.reuters.com)
"Antiwoke" magazin on kbin.social posting bullshit like "how to end Wokeness" and "Time to reject the extrem trans lobby harming our society" How to report ? he is the moderator of that magazin. (calckey.social)
@ernest how do I report a Magazin on kbin.social ? There is a usere called "ps" who is posting to his own "antiwoke" Magazin on kbin.social. Please remove this and dont give them a chance to etablish them self on kbin.social. When I report his stuff it will go to him because he is the moderator of the magazin? Seems like a...
US Supreme Court Rules Against Navajo Nation in Water Rights Case (earth.org)
The Navajo Nation had argued that their water rights were protected under an 1868 treaty.
New Zealand to wipe out every last rat (www.bbc.com)
New Zealand plans to exterminate every last rat, mustelid and possum to save native birds. The government expects the task to be completed by 2050.
At least 30 migrants feared dead in Canary Islands disaster (www.bbc.co.uk)
The Western Africa-Atlantic migration route is considered one of the world's deadliest.
What's the one thing about the fediverse that you like the most?
What's the one thing about the fediverse that makes you go, "oh yeah, this for me"...
Synthetic human embryos created in groundbreaking advance (ground.news)
Scientists have created synthetic human embryos using stem cells in a groundbreaking advance that side-stepped the need for eggs or sperm. Scientists say that these model embryos – which resemble those in the earliest stages of human development – could provide a crucial window into the impact of genetic disorders and the...
[CORRECTION] 7742 went dark out of the 8299 that committed. Interesting to note: 204 of the top 250 subreddits are dark (src: save3rdpartyapps.com). (reddark.untone.uk)
As of 12:56pm GMT (7:56am central time), 7742/8299 subreddits are no longer public...
The illusion of moral decline - Nature (www.nature.com)
"We show that the perception of moral decline is pervasive, perdurable, unfounded and easily produced, and suggest that this illusion has implications for research on the misallocation of scarce resources, the underuse of social support and social influence."...
Dear pre-migration Keebinetters, how can we NOT ruin kbin for you?
As a former redditor I am glad to have found a new "home" and I hope I'm not intruding. Nevertheless, we are all a huge migration that is bound to change how kbin works and we're bound to piss off some pre-migration Keebinetters. The fact you guys were here before and not in reddit makes evident you don't want this to become a...