No. 23-5902

Kaleb J. Cole v. United States

Lower Court: Ninth Circuit
Docketed: 2023-10-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights criminal-conviction due-process first-amendment free-speech retaliation speech-protection worldview-perception worldviews
Key Terms:
FirstAmendment
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the First Amendment, Post Counterman v. Colorado permits a criminal conviction for retaliatory speech which is inherently threatening not on the basis of its objective expression but rather because of the grossly disparate worldviews held by the sender and his recipients?

Question Presented (OCR Extract)

QUESTIONS PRESENTED , 1. Whether the First Amendment, Post Counterman v. Colorado permits a criminal conviction for retaliatory speech which is inherently threatening not on the basis of its objective expression but rather because of the grossly disparate worldviews held by the sender and his recipients? To wit, does the Constitution permit imprisonment of a person on the basis that his speech caused fear in its’ intended recipients due in part to starkly different worldviews held : by the respective parties? Is it constitutionally tolerable to imprison the . expositors of radical speech on the basis that said speech can be inherently fear-producing to its non-radical recipient? i i

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-02
Waiver of right of respondent United States to respond filed.
2023-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2023)
2023-08-17
Application (23A127) granted by Justice Kagan extending the time to file until October 19, 2023.
2023-07-25
Application (23A127) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to October 19, 2023, submitted to Justice Kagan.

Attorneys

Kaleb J. Cole
Kaleb J. Cole — Petitioner
Kaleb J. Cole — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent