Abstract
In Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, a jury in Portland, Oregon, awarded $109 million to a group of abortion providers who were threatened by abortion protesters in a Web site and wanted-style posters. The Web site and posters contained no explicit threats, specified no time element and were not directed specifically at the plaintiffs. The case highlights a disparity between theories expressed in United States Supreme Court cases regarding threatening speech and those applied by various United States courts of appeals. The article suggests that these courts of appeals could offer defendants greater constitutional protection by supplementing objective tests for threatening speech with an additional test that does a better job of assessing a defendant's intent to issue a "true threat."
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