Tag: first amendment

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Updated on September 10, 2024

“Reckless Disregard for Causing Fear” is Unconstitutionally Over Broad

State v. Boettger, No. 115,387 (Kan. Oct. 25, 2019). Issue: Is the Kansas criminal threat statute, which allows conviction if a person makes a threat in reckless disregard of causing fear, constitutionally over broad? Answer: Yes.  Recklessness is …

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Category: Kansas Criminal Procedure Survey Tags: , , , , , , ,

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Updated on September 10, 2024

Protection from Stalking Orders Cannot Restrict Speech

State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019). Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in …

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Category: Kansas Criminal Procedure Survey, Uncategorized Tags: , , ,

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