Tag: first amendment
Updated on December 21, 2019
“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 …
Updated on December 21, 2019
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 …
