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The Supreme Court has defined what counts as a threat online...
And it requires not just a “reasonable person” viewing the words as objectively threatening, but some kind of subjective intent to threaten, or at least recklessly disregarding a risk of it. The ACLU is happy with the outcome, which follows arguments held in April. Ken White of Popehat has some more complicated thoughts well worth reading:
This century, the Supreme Court has protected the First Amendment right to free speech more vigorously and strictly than any other constitutional right. This decision is more of a middle-ground approach, neither as speech-protective nor as censorship-friendly as it could be.
Supreme Court Clarifies "True Threats" First Amendment Exception
[popehat.substack.com]
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