In Counterman, the Court made clear that
the First Amendment bars the use of “an objective stand-
ard” like negligence for punishing speech, id., at 78, 79, n. 5,
and it read Claiborne and other incitement cases as “de-
mand[ing] a showing of intent,” 600 U. S., at 81. The Court
explained that “the First Amendment precludes punish-
ment [for incitement], whether civil or criminal, unless the
speaker’s words were ‘intended’ (not just likely) to produce
imminent disorder.”
…
Because this Court may deny certi-
orari for many reasons, including that the law is not in need
of further clarification, its denial today expresses no view
about the merits of Mckesson’s claim. Although the Fifth
Circuit did not have the benefit of this Court’s recent deci-
sion in Counterman when it issued its opinion, the lower
courts now do.
If I’m reading this right, this is basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.” That basically right?
From the remarks:
…
If I’m reading this right, this is basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.” That basically right?
Yep, you got it!
Yeah, so, that’s a nothingburger. Thanks for calling out Vox.
That’s my reading too.