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No. 19-1051October Term 2019Decided Jun 22, 2020

Docket 19-1051October Term 2019 (2019–2020)

Kansas v. Boettger

This case asks whether Kansas may punish a person for making a violent threat when the person acted with reckless disregard that the statement would place someone in fear.

Case status

Current stage
Decided
Latest event
Decision released Jun 22, 2020
Case Accepted
Arguments
Decision ReleasedJun 22, 2020
What it's about

This case asks whether Kansas may punish a person for making a violent threat when the person acted with reckless disregard that the statement would place someone in fear. The Kansas Supreme Court struck down the State’s criminal-threat law to the extent it allowed conviction based on recklessness, concluding the First Amendment requires a higher level of intent.

Question presented

Does the First Amendment prohibit a State from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing another in fear?

Case path

Supreme Court of Kansas / Decision released Jun 22, 2020

Area

First Amendment

Timing

Decided June 22, 2020

The Court released its decision on June 22, 2020 without hearing oral argument.