First Amendment Rights

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WI Court of Supreme Court

Case Name: Nancy Kindschy v. Brian Aish

Case No.: 2020AP001775

Officials:

Focus: First Amendment Rights

Brian Aish, an anti-abortion protestor made statements to Nancy Kindschy, a nurse practitioner at a family planning clinic. The court had to determine if the injunction violated Aish’s First Amendment rights. Aish’s comments included suggesting imminent harm to Kindschy and her family.

The court concluded that the injunction was a content-based restriction on Aish’s speech. Such restrictions are permissible only if the speech constitutes “true threats” or if the injunction meets strict scrutiny standards by being narrowly tailored to serve a compelling state interest. The court found that Aish’s statements did not meet the “true threats” criteria, as the circuit court did not establish that Aish “consciously disregarded a substantial risk” that his statements would be perceived as threats of violence, as required by the precedent set in Counterman v. Colorado.

Furthermore, the court determined that the injunction was not narrowly tailored, as it overly restricted Aish’s speech beyond what was necessary to protect Kindschy’s safety and rights. Consequently, the Supreme Court of Wisconsin reversed the Court of Appeals’ decision and remanded the case to the circuit court with instructions to vacate the injunction.

Reversed and remanded

Decided 06/27/24

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