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National Crime Victim Law Institute

Victims’ Rights Require Recognition that Threats are Violence

April 09, 2020

NCVLI joined co-amici this month to fight for victims’ rights in the case of State v. Boettger & Johnson. Together Amici argue that the United States Supreme Court should accept review of the case to ensure that crime victims’ rights, particularly those of victims of intimate terrorism, are not swept aside at the mere assertion of free speech. The case involves the question of whether violent threats are protected speech without proof of intent; co-amici argue that protecting such threats ignores the violent reality victims must navigate.

Co-amici include Kansas Coalition Against Sexual and Domestic Violence, Legal Momentum and the National Organization for Victim Assistance. The case will have far-reaching implications for victims, especially as we all navigate so many more virtual channels where intent may be even harder to prove.  Read the Amici Brief here, and stay tuned for further developments.  

April is Sexual Assault Awareness and Prevention Month. Consider supporting NCVLI with a donation this month so that staff are equipped with the financial resources to continue providing critical legal assistance to protect the rights of survivors in cases like this one.