State v. Phipps

No. 125,269 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, Vv. JASON W. PHIPPS, Appellant. SYLLABUS BY THE COURT Counterman v. Colorado, 600 U.S. 66, 69, 143 S. Ct. 2106, 216 L. Ed. 2d 775, (2023), holds that the First Amendment requires proof of a defendant's subjective understanding of the threatening nature of a statement to be punished as a crime, but a mental state of recklessness is sufficient to establish a true threat. This decision effectively overrules State v. Boettger, 310 Kan. 800,

450 P.3d 805

(2019). The holding in Counterman applies to any pending…