Justia columnist, attorney, and author Julie Hilden comments on a recent, split decision from a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. As Hilden explains, the case involved the “true threats” doctrine, which determines when a statement is an illegal threat, and when it is protected by the First Amendment. The defendant’s message-board postings about then-candidate Obama were ominous, but were they full-fledged threats under the legal test? Hilden explains why two Ninth Circuit judges said no, but one said yes.

Justia columnist, attorney, and author Julie Hilden comments on a recent development in the criminal case against Dominique Strauss-Kahn: The accuser has filed a defamation claim against the New York Post for articles suggesting she has worked as a prostitute. Hilden comments on the timing of the defamation action, and the decision, in that action, to target only the Post’s claims that she is a prostitute, and not its other potentially damaging claims about her—including its claims that she has lied.

Justia columnist, attorney, and author Julie Hilden comments on the Supreme Court's decision yesterday, June 27, in the "violent" video games case. The Court decided, 7-2, to strike down California's law restricting minors' access to such games. Hilden explains the logic behind the opinion of the Court, written by Justice Scalia; contends that California made a mistake in framing its video-game law the way it did; and explains why Justice Breyer saw the case as more about the protection of children than about First Amendment rights, and accordingly dissented.