Appropriate Test for Determining Whether a “True Threat” is Unprotected By the First Amendment
Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as a threat of violence.
Confrontation Clause–Admitting Codefendant’s Redacted Confession that Inculpates a Defendant
Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant's rights under the Confrontation Clause of the Sixth Amendment.
Multiple Constitutional Challenges to ICWA
The U.S. Supreme Court has granted certiorari in four related ICWA cases. They have been consolidated for briefing and oral argument. Future filings and activity in the cases will be reflected on the docket for Haaland v. Brackeen, case number 21-376. All the cases seek review of the Fifth Circuit's decision in Brackeen v. Haaland (5th Cir. 2021) 994 F.3d 249, cert. granted…
