Federal Criminal “True Threats” Require More Than Negligence–Elonis v. U.S.

The Supreme Court issued its long-awaited decision in Elonis (the so-called “Facebook threats” case) today. Elonis was convicted of posting rap lyrics that were allegedly threatening to his now ex-wife and to law enforcement officers. The trial court used a…

Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v. Cox

The Washington State Supreme Court struck down the state’s anti-SLAPP statute on the basis that it violates a plaintiff’s right to a jury trial. This ruling comes on the heels of the District of Columbia Circuit’s holding that state anti-SLAPP…

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