No. 23-6840

Suzanne Ellen Kaye v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-02-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-law counterman-v-colorado first-amendment free-speech jury-instructions political-speech true-threats watts-v-united-states
Key Terms:
FirstAmendment SecondAmendment
Latest Conference: 2024-03-28
Question Presented (AI Summary)

In threat prosecutions where the defendant mounts a political-speech defense, may trial courts—consistent with the First Amendment—instruct the jury only about the meaning of unprotected 'true threats' and not about protected political speech?

Question Presented (OCR Extract)

QUESTION PRESENTED “True threats of violence, everyone agrees, lie outside the bounds of the First Amendment’s protection.” Counterman v. Colorado, 600 U.S. 66, 72 (2023). By contrast, “dissenting political speech” lies “at the First Amendment’s core.” Id. at 81. In Watts v. United States, 394 U.S. 705 (1969) (per curiam), the Court explained that “[wlhat is a [true] threat must be distinguished from what is constitutionally protected political speech.” Jd. at 707. The Court then held that an ostensible threat to shoot the President fell on the latter side of that line, emphasizing that violent rhetoric criticizing the government receives broad protection. Id. at 708. The question presented is: In threat prosecutions where the defendant mounts a political-speech defense, may trial courts—consistent with the First Amendment—instruct the jury only about the meaning of unprotected “true threats” and not about protected political speech? i

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondent United States to respond filed.
2024-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2024)

Attorneys

Suzanne Kaye
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent