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Search resuls for: "John Elwood"


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He was found guilty in a 2017 trial of stalking Whalen and sentenced to 4-1/2 years in prison as he pursued his First Amendment appeal. The Colorado stalking law did not require proof of a speaker's subjective intent to intimidate. Whalen has described the messages from Counterman, which came to her over a two-year span beginning in 2014, as life-threatening and life-altering. Among Counterman's communications to Whalen were messages that read: "Was that you in the white Jeep?" His appeal was rejected by the Colorado Court of Appeals.
Persons: Elena Kagan, Billy Counterman's, Coles Whalen, Kagan, John Elwood, Elwood, Counterman, messaged Whalen, Whalen, Joe Biden's, John Kruzel, Will Dunham Organizations: U.S, Supreme, Counterman, Facebook, Colorado, of Appeals, Thomson Locations: Colorado, Denver, Colorado's
WASHINGTON, DC - APRIL 19: The Supreme Court of the United States, on Wednesday, April 19, 2023 in Washington, DC. (Kent Nishimura / Los Angeles Times via Getty Images)WASHINGTON — Back in 1923, the Supreme Court had issued 157 rulings by May 1 in a term that started the previous fall. Nevertheless, the slow pace at which rulings have been issued this term has started to attract scrutiny from court watchers. In both 2022 and 2021, the court had decided 25 cases by May 1, according to Feldman. Court experts differed on whether the crunch would have any impact on how the court actually decides cases.
WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday grappled with a convicted stalker's claim that thousands of unwanted Facebook messages he sent to a female musician in Colorado were protected speech in a case testing the limits of the U.S. Constitution's First Amendment safeguards. Rather, Counterman was convicted based on a showing that his messages would cause a "reasonable person" serious distress, a so-called objective legal standard. Counterman, citing mental illness and delusions, argued his statements were never intended to be threatening and were thus protected speech. The First Amendment prohibits the government from enacting laws "abridging the freedom of speech," but the U.S. Supreme Court has decided that the provision does not protect true threats. His appeal was rejected by the Colorado Court of Appeals.
Both would be setbacks for the Biden administration. In another immigration-related case, the court has yet to rule on the Biden administration’s attempt to implement its immigration enforcement priorities. For Solicitor General Elizabeth Prelogar, the administration’s top advocate at the court, arguing before such a conservative court is a constant uphill battle. The government similarly failed to convince the conservative majority not to expand gun rights in another major ruling issued that month. The Biden administration can point to some hard-fought victories.
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