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Law
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Case Study
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Counterman v. Colorado and the First Amendment

Case Study Instructions:

The 2022-2023 Supreme Court term officially began the first Monday in October 2022 and will last until the first Monday in October 2023 (although they do take time off during the summer). During recent years, approximately 7,000-8,000 new cases are filed in the Supreme Court each term (a dramatic increase from the last century). The Supreme Court does not choose to review or hear oral arguments in all the cases filed with it; in fact, there are only approximately 75-80 oral arguments granted per year. Each year, legal scholars highly anticipate which cases the Court will decide during its term. Many of them are very high profile and its opinion far reaching (remember the Dobbs' decision on abortion last term—see Dobbs v. Jackson Women's Health Organization | Constitution Center for more on the overturning of Roe v. Wade). Others are much less controversial or expansive.
The new term is halfway done, and many important cases have been heard (and are awaiting rulings to be issued) or are set to be heard in the coming months. I have pulled together three resources that highlight key cases that the Supreme Court has heard already or is expected to hear this term. For this Discussion Board, please FIRST read Chapter 15 of WTP, review the associated PPT (including the embedded videos), and the videos separately uploaded in the module. Then, review the following article
Supreme Court gavels in 2023 with major decisions ahead - ABC News (go.com
Supreme Court cases, October term 2022-2023 - Ballotpedia (scroll all the way down this webpage and it will give you cases all the way through April 2023--it has lots of interesting data about where cases come from geographically)
9 Key Cases Supreme Court Will Hear in 2022-23 Session | The Heritage Foundation
WHAT DO YOU THINK""
In at least one well-reasoned paragraphs totaling at least 250 words, answer the following:
EXCLUDING the affirmative action cases Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. UNC**, which case do you think is most important? Explain WHY you think this, citing at least one outside source (other than the sources above) to support your opinion. You can find articles or information on the case you choose by Googling it! NOTE: The outside source must be about the case you choose—not general information about the Supreme Court.
Also note that if you do not cite an outside source (in text and in a works cited) about the case you choose that is DIFFERENT than the articles included above, you will lose up to 20 points automatically. Remember to include a properly cited works cited at the end of your post!!!
**You are asked to not write about these cases now because you will consider them in a later chapter and discussion board. Read the summaries now though, as these cases are very interesting and relevant!

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22-138 COUNTERMAN V. COLORADO (https://docker.ballotpedia.org/Counterman_v._Colorado)
Counterman v. Colorado is a crucial case this term because it addresses the critical issue of defining "true threats" in the context of the First Amendment (Ballotpedia, n.d.). In this case, the Supreme Court can determine what constitutes a "true danger" and establish a method for judging whether the First Amendment protects a specific speech.
One of the pillars of American democracy, the First Amendment, safeguards the freedoms of speech, religion, and the press (Stone et al., 2020). Nonetheless, the Supreme Court has consistently maintained that some forms of speech, such as genuine threats, are not protected. How to decide whether a statement represents an actual danger is at stake in Counterman v. Colorado. While the state of Colorado contends that subjective criteria should be applied, the petitioner alleges that an objective standard should be utilized.
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