Amicus With Dahlia Lithwick | Law, justice, and the courts22 Apr 2023

John Roberts’ Unfunny Stalking Jokes at SCOTUS

As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat settlement Dominion got in its defamation case against Fox News, and why it feels so unsatisfying, the religious liberty case you probably missed at the court this week, Groff v DeJoy. They also talk about how Sen. Dianne Feinstein’s continued absence from the Senate Judiciary Committee, and Senate Democrats’ workarounds for it, are like bringing a bubble blower to a knife fight.

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