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INTEREST OF J.J.M.

No. 23 MAP 2020.

265 A.3d 246 (2021)

In the INTEREST OF: J.J.M., a Minor. Appeal of: J.J.M., a Minor.

Supreme Court of Pennsylvania.

Decided: December 21, 2021.

Attorney(s) appearing for the Case

Sara E. Jacobson, Esq. , for ACLU of Pennsylvania, Amicus Curiae.

Christine Frances Murphy, Esq. , Lehigh County District Attorney's Office, Michael F. J. Piecuch, Esq. , Snyder County District Attorney's Office, for Pennsylvania District Attorneys Association, Amicus Curiae.

Sara Jeannette Rose, Esq. , ACLU of Pennsylvania, for ACLU of Pennsylvania, Amicus Curiae.

Robert Michael Buttner, Esq. , Scranton, Demetrius William Fannick, Esq. , Steven M. Greenwald, Esq. , Wilkes-Barre, Luzerne County Public Defender's Office, for J.J.M., Appellant.

Stefanie Joy Salavantis, Esq. , Gerry Scott IV, Esq. , Luzerne County District Attorney's Office, for Commonwealth of Pennsylvania, Appellee.

Justice Dougherty delivers the opinion of the Court with respect to Parts I, II, III, and IV(a) and announces the judgment of the Court with respect to all other issues.

OPINION

We recently observed it "remains an open question" whether the First Amendment to the United States Constitution permits States to criminalize threats made in reckless disregard of the risk of causing fear. Commonwealth v. Knox, 647 Pa. 593, ...

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