TOPEKA – (November 21, 2019) – The State of Kansas will ask the U.S. Supreme Court to review two recent Kansas Supreme Court decisions that ruled Kansas’ reckless criminal threat statute violates the First Amendment to the U.S. Constitution, Attorney General Derek Schmidt said today. “The U.S. Supreme Court has never squarely decided whether the First Amendment allows states to prohibit threats of violence uttered with reckless disregard for whether they cause fear or other specified harm to the people at whom they are directed," Schmidt said. "The lower courts are divided on that question, and the Kansas Supreme Court has now come down on the side that reckless threats of violence are protected speech. So we are seeking clarity and certainty by asking...
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AG Derek Schmidt: Kansas to appeal ruling that 'reckless' criminal threat statute is unconstitutional