State v. Taveras

Summary

The court held that the defendant's statement, considered together with his threatening demeanor, prior hostile interactions at the preschool, attempted reentry, and the staff's immediate reactions, constituted an unprotected true threat rather than protected speech. Applying independent appellate review to the constitutional question while accepting subsidiary factual findings unless clearly erroneous, the court reversed the Appellate Court and remanded for consideration of the defendant's remaining claims. Chief Justice Robinson, concurring, emphasized the importance of factual context, while Justice D'Auria, joined by Justice McDonald, would have reached the same disposition without conducting a true-threats analysis.