The People, Plaintiff and Respondent v. Eddie Jason Lowery, Defendant and Appellant — Baxter, J., Concurring

Summary

Justice Baxter concurred in the court's conclusion that the statute is consistent with the First Amendment because it reaches only objectively understood true threats. He reasoned that a true threat does not require proof that the speaker subjectively intended the statement to be perceived as threatening; the relevant intent is the intent to communicate the statement. Justice Baxter, concurring, specifically rejected the contrary approach attributed to the Ninth Circuit.