Activist DeRay McKesson, pictured in 2019. (ACLU) Ian Ocx and Svetlana Hagan | Red Phoenix correspondents | Texas– On Monday, April 15, 2024 the Supreme Court of the United States (SCOTUS) an…
This isn’t correct. Here’s what the actual denial of the case says (which I’ll take from an earlier comment of mine on this in another thread):
In Counterman, the Court made clear that
the First Amendment bars the use of “an objective stand-
ard” like negligence for punishing speech, id., at 78, 79, n. 5,
and it read Claiborne and other incitement cases as “de-
mand[ing] a showing of intent,” 600 U. S., at 81. The Court
explained that “the First Amendment precludes punish-
ment [for incitement], whether civil or criminal, unless the
speaker’s words were ‘intended’ (not just likely) to produce
imminent disorder.”
…
Because this Court may deny certi-
orari for many reasons, including that the law is not in need
of further clarification, its denial today expresses no view
about the merits of Mckesson’s claim. Although the Fifth
Circuit did not have the benefit of this Court’s recent deci-
sion in Counterman when it issued its opinion, the lower
courts now do.
This is basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.” It’s a procedural nothingburger.
This isn’t correct. Here’s what the actual denial of the case says (which I’ll take from an earlier comment of mine on this in another thread):
…
This is basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.” It’s a procedural nothingburger.
American legal parlance is a nothingburger, not its actual real-world effects. This ruling has considerable effects in the states it’s relevant in.
Not really. The new precedent is clear, and they’re being told to go back and fix their rulings in light of that.