Supreme Court of California

In a criminal dispute involving whether defendant's conviction for willfully threatening violence against a crime witness or victim, Pen. Code section 140(a), infringes on defendant's First Amendment right, judgment of the appeals court is reversed where Section 140(a) does not run afoul of the First Amendment because it requires proof that a reasonable person would understand the allegedly threatening statements, when considered in their context and surrounding circumstances, to communicate a serious expression of an intent to commit an act of unlawful violence.

Appellate Information

• Decided 08/11/2011
• Published 08/11/2011

Judges

• BAXTER

Court

• Supreme Court of California

Counsel