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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.

Case: Counterman v. Colorado (2021) 497 P.3d 1039, cert. granted 1/13/2023
Case Number: 22-138
Updated: January 13, 2023
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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.

Case: Samia v. United States, cert. granted 12/13/2022
Case Number: 22-196 / Second Circuit 18-3074
Updated: December 13, 2022
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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…

Case: Brackeen v. Haaland (5th Cir. 2021) 994 F.3d 249, cert. granted 2/28/2022
Case Number: 21-376, 21-377, 21-378, 21-380
Updated: February 28, 2022
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