Associate Professor, Stanford Law School. Aussie struggling with °F & online speech stuff.
Evelyn Douek
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The piece is behind a paywall and my author agreement prevents me from posting the final version. But if you don't have institutional access and would like to read, there is no email an author would rather receive than "would you please send me your article?" :)
Fun fact: the "true" in "true threats are unprotected speech" in First Amendment law comes from the Court wanting to ensure that the government could not go after hyperbole or "vituperative, abusive, and inexact" language in the political arena to prosecute people for criticisms of the president
The case is bad enough on its own, but unless we understand its anticanonical nature, it threatens to do even more widespread damage to the First Amendment's doctrinal architecture
