Constitutional Law—Eleventh Circuit Holds True Threats Doctrine Analyzed Under Objective Standard—United States v. Martinez, 736 F.3d 981 (11th Cir. 2013)

Although the First Amendment generally bars government restrictions on speech based on message or viewpoint, the government may restrict certain categories of speech where the speech’s content imposes harm that “‘overwhelmingly outweigh[s]’ any First Amendment concerns.” A true threat constitutes one such category of unprotected speech. In United States v. Martinez, the Court of Appeals for the Eleventh Circuit considered whether a true threat must be analyzed under an objective or subjective standard. The court held that true threats are analyzed under an objective standard, and following therefrom, the indictment of the defendant was constitutional where she made a threat that “‘an objectively reasonable jury could find beyond a reasonable doubt to be a serious expression of an intent to injure another person.’”