true-threat
14 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5293 | Anthony Douglas Elonis v. United States | Third Circuit | 2024-08-09 | Denied | Response WaivedIFP | criminal-conviction cyberstalking emotional-distress first-amendment intent-standard true-threat | Whether the Third Circuit's decision affirming Petitioner's conviction is erroneous because the evidence in the record was insufficient to establish t… |
| 23-7247 | Calvin Fair v. New Jersey | New Jersey | 2024-04-17 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process first-amendment free-speech intent mental-state political-speech recklessness standing true-threat | When the state prosecutes core political speech as a true threat, must the state prove the speaker's intent to terrorize, or is a recklessness standar… |
| 23-6847 | Tyrone Anthony Bell v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. | Sixth Circuit | 2024-02-28 | Denied | Response WaivedRelisted (2)IFP | administrative-remedies civil-procedure civil-rights due-process free-speech grievance-process prisoner-rights sixth-circuit-interpretation standing threat true-threat | 1. Whether the state of mind of the author should be considered when the receiver understood the threat or intimidation to be true. 2. Whether C.O. W… |
| 23-6305 | Brendan Hunt v. United States | Second Circuit | 2023-12-19 | Denied | IFP | appellate-review circuit-split constitutional-fact first-amendment free-speech independent-review speech-protection standard-of-review true-threat | A jury's determination that a particular expression constitutes a "true threat" takes it outside the First Amendment. The consequence is that the stat… |
| 23-229 | Bronson McClelland v. Katy Independent School District, et al. | Fifth Circuit | 2023-09-12 | Denied | Response WaivedRelisted (2) | 42-usc-1983 civil-rights constitutional-violation final-policymaking-authority first-amendment monell-liability public-school-district public-school-speech section-1983 true-threat | 1. In a civil rights action under 42 U.S.C. § 1983, does Monell liability exist for a public school district when an official who committed a constitu… |
| 22-5621 | Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States | Eighth Circuit | 2022-09-20 | Denied | Response WaivedIFP | constitutional-law criminal-communication criminal-law first-amendment free-speech jury-instruction statutory-interpretation subjective-intent true-threat | Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k… |
| 21-6221 | David Jackson v. Massachusetts Department of Correction | Massachusetts | 2021-11-09 | Denied | IFP | civil-rights due-process first-amendment free-speech prisoner-rights protected-speech racial-discrimination solitary-confinement true-threat | Whether the petitioner, a senior African American prisoner complaining about systemic racism in a letter he mailed to the governor of Massachusetts at… |
| 21-657 | Joseph Cecil Vandevere v. United States | Fourth Circuit | 2021-11-03 | Denied | Response Waived | conditional-speech constitutional-law first-amendment free-speech political-hyperbole political-speech public-concern true-threat | 1) WHETHER THE SPEECH AT ISSUE HEREIN IS ENTITLED TO SPECIAL PROTECTION BECAUSE IT INVOLVES A MATTER OF PUBLIC CONCERN? 2) WHETHER THE SPEECH AT ISSU… |
| 20-5597 | Rory Swenson v. Illinois | Illinois | 2020-09-04 | Denied | Response WaivedIFP | criminal-law first-amendment free-speech intent intent-standard listener-perception speech-protection true-threat true-threats virginia-v-black | May speech that does not contain any expression of an intent to commit an act of unlawful violence be criminalized as a "true threat" unprotected by t… |
| 20-264 | Stephen S. Bona v. Illinois | Illinois | 2020-09-02 | Denied | criminal-threat elonis-v-united-states first-amendment free-speech intent-to-harm political-speech true-threat virginia-v-black | 1. Whether, in a case involving political speech, the first amendment allows a state to criminalize a knowing threat of violence directed against a po… | |
| 19-6761 | Younes Kabbaj v. United States | Third Circuit | 2019-11-26 | Denied | Response WaivedIFP | 18-usc-115 18-usc-875 apprendi-v-new-jersey constitutional-vagueness crime-of-violence elonis-v-united-states first-amendment first-amendment-free-speech sixth-amendment statutory-interpretation subjective-intent true-threat true-threats | It is a federal crime under both 18 U.S.C. §875 and §115 to threaten to injure the person (\.e. physical body) of another, yet not legally settled as… |
| 18-1001 | Casey Brandon Sibley v. Arizona | Arizona | 2019-02-01 | Denied | Response Waived | constitutional-law criminal-prosecution first-amendment free-speech overbreadth-vagueness strict-scrutiny subjective-intent true-threat | Whether the First Amendment requires proof of a speaker's subjective wrongful intent in order for speech to be deemed a "true threat" subject to crimi… |
| 18-949 | Jamal Knox v. Pennsylvania | Pennsylvania | 2019-01-22 | Denied | Amici (8)Response RequestedResponse WaivedRelisted (2) | criminal-threat first-amendment free-speech reasonable-person speech-protection subjective-intent terroristic-threats true-threat true-threats | Under Watts v. United States, 394 U.S. 705 (1969) (per curiam), the First Amendment does not protect "true threats." Federal courts of appeals and sta… |
| 18-6348 | Eric M. Pence v. Illinois | Illinois | 2018-10-16 | Denied | Response WaivedIFP | criminal-law criminal-prosecution criminal-statute disorderly-conduct due-process electronic-communication fighting-words first-amendment free-speech true-threat true-threats | This case presents an important question involving the application of the First Amendment to the Constitution to state disorderly conduct statutes pro… |