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Perjury & False Statements – What Happens When You Lie Under Oath

March 13, 2024 The Truth News

Nothing But the Truth: What Happens When You Lie Under Oath Perjury & False Statements Juries and judges often base verdicts and other important decisions on sworn testimony and signed…

In this Dec. 1, 2014 photo, John P. Elwood, attorney for Anthony D. Elonis, who claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent, speaks to reporters outside the Supreme Court in Washington. The Supreme Court on Monday threw out the conviction of a Pennsylvania man convicted of making threats on Facebook, but dodged the free speech issues that had made the case intriguing to First Amendment advocates. Chief Justice John Roberts, writing for seven justices, said it was not enough for prosecutors to show that the comments of Anthony Elonis would make a reasonable person feel threatened. But the court did not specify to lower courts exactly what the standard of proof for true threats should be. (AP Photo/Susan Walsh, used with permission from the Associated Press)

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Elonis v. United States (2015) – Threats – 1st Amendment

March 7, 2024 The Truth News

Elonis v. United States (2015) – Threats – 1st Amendment In Elonis v. United States 575 US __ (2015), Chief Justice John G. Roberts, Jr. was joined by six justices…

Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment

January 28, 2024 The Truth News

Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment justices raising the bar for establishing when a statement is a “true threat” not protected…

Clarence Brandenburg, 48, an officer in the Ku Klux Klan, left, and Richard Hanna, 21, admitted member of the American Nazi Party, pose for a picture following their arrests, Aug. 8, 1964, Cincinnati, Ohio. Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The Supreme Court threw out his conviction and issued a new test: Advocacy could be punished only "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." (AP Photo)

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The ‘Brandenburg test’ for incitement to violence – 1st Amendment

November 7, 2022 The Truth News

The ‘Brandenburg test’ for incitement to violence In 1969, the U.S. Supreme Court made history by ruling that, to merit conviction, the violence advocated must be intended, likely and imminent.…

An anti-Vietnam War protester, Robert Watts, was prosecuted and convicted for threatening President Lyndon B. Johnson after he said at an anti-war rally, "If they ever make me carry a rifle, the first man I want to get in my sights in L.B.J." The case went to the Supreme Court, which said that Watts' remark was the sort of "political hyperbole" that did not constitute a true threat, and ruled the statute that criminalized threats against the president as unconstitutional on its face. Later, courts used the "Watts factors" in true-threat analysis, considering the context of the threat, the conditional nature and reaction of the listeners. The Watts case came during a time of multiple marches and protests against the war, as the one shown here in Washington D.C. in October 1967 where a sign reads "GET THE HELLicopters OUT OF VIETNAM." (Photo, public domain via Wikimedia Commons)

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True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

November 5, 2022 The Truth News

True Threats – Virginia v. Black is most comprehensive Supreme Court definition By Kevin Francis O’Neill (Updated June 2017 by David L. Hudson Jr.) In legal parlance a true threat…

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Watts v. United States – True Threat Test – 1st Amendment

September 1, 2022 The Truth News

Watts v. United States – True Threat Test – 1st Amendment In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of oral argument,…

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Actual Malice

July 2, 2022 The Truth News

Actual Malice Actual malice is the legal standard established by the Supreme Court for libel cases to determine when public officials or public figures may recover damages in lawsuits against…

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United States v. Alkhabaz – Free Speech – 1st Amendment – Emails

March 24, 2022 The Truth News

United States v. Alkhabaz – Free Speech – 1st Amendment – Emails Brief Fact Summary. The Defendant, Abraham Jacob Alkhabaz, a.k.a. Jake Baker (Defendant), posted a story on a Usenet…

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Penal Code 76 PC – Threatening Public Officials (Government Officials)

January 16, 2022 The Truth News

Penal Code 76 PC – Threatening Public Officials (Government Officials) California Penal Code 76 PC prohibits making death threats to public officials with the apparent ability to carry out the…

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