David L. Hudson Jr.: Federal appeals court considers Facebook posts a true threat

  One of the more intriguing lines in First Amendment jurisprudence is between a true threat and political hyperbole. True threats are a categorical exception to free-speech protection, while political hyperbole generally is protected speech.

  A Wisconsin man learned the hard way that posting incendiary messages on Facebook about killing then-President Barack Obama can fall into the unprotected category of true threats.

David L. Hudson, Jr.: Qualified immunity protects Secret Service agents

  A recent unanimous decision by the U.S. Supreme Court in favor of two Secret Service agents shows the power of the qualified-immunity doctrine.

  The high court ruled in Wood v. Moss that the agents were entitled to qualified immunity when they moved protesters an additional block further away than supporters of former President George W. Bush were allowed to gather in Jacksonville, Ore., in October 2004.