this post was submitted on 27 Jun 2023
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[–] [email protected] 29 points 1 year ago (18 children)

Completely insane ruling. Wild that Kagan went across the aisle for this.

the First Amendment requires proofs of mental state

So I guess it's basically impossible to convict anyone of anything involving speech? If I yell "fire" in a crowded theater, how can you prove I wasn't having a delusion that there was a fire? Maybe there was an explosion in the movie and I was so immersed I thought it was real!

Dude had previous convictions and spent years doing this harassing, it's not like this was an isolated mental break. Truly insane.

[–] [email protected] 23 points 1 year ago (2 children)

Yeah, the fact that he sent messages over multiple years, opened various accounts after the artist blocked him, and was actively messaging her about seeing her in public is pretty cut-and-dry stalking. Death threats are damning as well. Sure, he might not be mentally stable, but that shouldn’t give him a pass for reprehensible and dangerous behavior.

[–] [email protected] 2 points 1 year ago

Seems like the actual issue was that the law in question would let him be convicted even if he wasn't doing these things and just being a nuisance. It's not that he's innocent, it's that the law used is itself illegal.

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