Kansas v. Boettger
JUSTICE THOMAS, dissenting from the denial of certiorari. Kansas asks us to decide whether the First Amendment prohibits States from criminalizing threats to “[c]ommit violence . . . in reckless disregard of the risk of causing . . . fear.” Kan. Stat. Ann. §21–5415(a)(1) (2018). Respondent Timothy Boettger was convicted for telling the son of a police detective that he “‘was going to end up finding [his] dad in a ditch.’” ___ Kan. ___, ___, 450 P. 3d 805, 807 (2019). Respondent Ryan Johnson was separately convicted for telling his mother that he “‘wish[ed] [she] would die,’” that he would “‘help [her] get there,’” and that he was “‘going to f***ing kill [her] a***.’” ___ Kan. ___, ___, 450 P. 3d 790, 792 (2019). The Kansas Supreme Court overturned both convictions and held that reckless threats are protected by the First Amendment, relying on Virginia v. Black, 538 U. S. 343 (2003).