Justice Thomas concludes that the “freedom of speech” is a Privilege or Immunity under the 14th Amendment
Today the Supreme Court denied review in Kansas v. Boettger. This case considered whether “the First Amendment prohibits States from criminalizing threats to ‘[c]ommit violence . . . in reckless disregard of the risk of causing . . . fear.'” Justice Thomas dissented from the denial of certiorari. He concluded that “the Constitution likely permits States to criminalize threats even in the absence of any intent to intimidate.” And he did not think this case was governed by Virginia v. Black (2003). (Thomas dissented in Black).
At the outset of his analysis, Thomas once again rejects substantive due process incorporation. instead, he says that the First Amendment–an enumerated right–is protected by the Pr
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