State v. Taveras

Summary

The court held that the defendant’s remarks, considered together with his demeanor, prior interactions at the preschool, and the staff’s reactions, constituted an unprotected true threat rather than protected speech. Applying independent appellate review to the constitutional question while accepting historical findings supported by a preponderance of the evidence, 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 result without conducting a true-threat analysis.