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Theyre doing hard work cleaning up a cluttered closet to the First Amendment where lower courts are in disagreement and everyone is a little bit at sea. The first of these, a case involving the socalled truth rats doctrine. There is a lot of speech protected by the First Amendment, there is a lot of speech that is not protected by the First Amendment and this is a question of when is threatening language protected and when is it not protected . The question is in order to be unprotected by the First Amendment, does the speaker have to have intended to threaten someone . Or is it enough if a reasonable person would think this was threatening language . Do you have a subjective standard when you ask about the state of mind of the speaker or do you ask what an objective listener would take away . This is not about whether you intend to carry out the threat or not. That is not necessary. Do you have to have intended to make someone feel threatened . This case involves a man the university

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