Freedom of Speech

Name: Counterman v. Colorado (2023) __ U.S. __ [143 S.Ct. 2106]
Case #: 22-138
Court: US Supreme Court
Opinion Date: 06/27/2023
  • Categories: Areas Constitutional Law, Crimes, Freedom of Speech, Mens Rea

Majority opinion: Justice Kagan delivered the opinion of the court, in which Chief Justice Roberts and Justices Alito, Kavanaugh, and Jackson joined. Concurring opinion: Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice…

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Name: In re J.M.
Case #: F077508
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/24/2019
  • Categories: Areas Constitutional Law, Freedom of Speech, Legislation, Statutory Construction

Minor's verbal act of making a false bomb report was not protected by the First Amendment to the U.S. Constitution. J.M., a minor, was speaking with a friend at school, A.B., when he told her he was going to "blow…

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Name: In re A.A.
Case #: B289821
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/20/2018
  • Categories: Areas Constitutional Law, Delinquency (602), Freedom of Speech, Probation Conditions

Minor's First Amendment rights were not violated by a probation condition prohibiting him from posting on social media about his case. During juvenile court proceedings against A.A., the court admonished him for posting a photo of his court subpoena with…

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Name: In re L.O.
Case #: A151967
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/26/2018
  • Categories: Areas Constitutional Law, Delinquency (602), Freedom of Speech, Probation Conditions

Preventing minor ward's access to social media websites as a condition of probation violates the First Amendment and requires modification of the term. The minor was granted probation following the juvenile court's true finding he committed misdemeanor battery and had…

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Name: Packingham v. North Carolina
Case #: 15-1194
Court: US Supreme Court
District USSup
Opinion Date: 06/18/2017
Subsequent History: 137 S.Ct. 1730
  • Categories: Areas Constitutional Law, Freedom of Speech

North Carolina law prohibiting registered sex offenders from accessing commercial social networking websites that the offender knows are used by minors, violates the First Amendment. Defendant was a registered sex offender who posted a statement on his Facebook profile about…

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Name: People v. Starski
Case #: A145450
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/05/2017
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, Freedom of Association, Freedom of Speech

Trial court's jury instructions on the unlicensed practice of law were not overbroad and did not infringe on defendant's right to freedom of speech. Holding himself out to be an attorney, Starski wrote a letter to the owner of a…

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Name: People v. Morera-Munoz
Case #: A148325
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 11/18/2016
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, Freedom of Speech

Vehicle Code section 31, which criminalizes the making of false statements to peace officers who are engaged in the performance of their duties, does not violate the First Amendment. While being questioned by police regarding the possibility that he was…

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Name: In re Chase C.
Case #: D067787
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/18/2015
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, Evidence, Freedom of Speech, Insufficiency/Sufficiency of

Evidence that minor verbally encouraged other minors not to cooperate with police was insufficient to sustain a true finding that he resisted, delayed, or obstructed a peace officer (Pen. Code, § 148). Based on a tip, an officer suspected that…

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Name: Raef v. Appellate Division of Superior Court
Case #: B259792
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/30/2015
  • Categories: Areas Constitutional Law, Freedom of Speech, Freedom of the Press

Vehicle Code section 40008 does not violate the First Amendment. Raef, a paparazzo, was charged with a number of offenses after he engaged in a high-speed pursuit of pop star Justin Bieber, including two counts of violating Vehicle Code section…

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Name: People v. Murillo
Case #: B257429
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/22/2015
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, Freedom of Speech

Magistrate erred by dismissing felony complaint alleging that defendant threatened crime victims (Pen. Code, § 140, subd. (a)) where a reasonable listener could have construed rap song posted on the Internet to constitute a true threat to the victims. Murillo's…

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