Monday, June 16, 2014

Supreme Court and the 1st Amendment

Missoulian: Court OKs challenge to Ohio ban on campaign lies
Susan B. Anthony List v. Driehaus
"Respondent Driehaus, a former Congressman, filed a complaint withthe Ohio Elections Commission alleging that petitioner Susan B. Anthony List (SBA) violated an Ohiolaw that criminalizes certain false statements made during the course of a political campaign. Specifically, Driehaus alleged that SBA violated the law when it stated that his vote for the Patient Protection and Affordable Care Act (ACA) was a vote in favor of “taxpayer funded abortion.” After Driehaus lost his re-election bid, the complaint was dismissed, but SBA continued to pursue a separate suit in Federal District Court challenging the law on First Amendment grounds. Petitioner Coalition Opposed."

Missoulian: High court will hear appeal over illegal threats
Anthony Douglas Elonis v. United States
"Whether, consistent with the First Amendment and Virginia v. Black, 538 U.S. 343 (2003), conviction of threatening another person requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a "reasonable person" would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort."

Charters of Freedom: Bill of Rights

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