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· 3/13/1961

Barrois v. Zeringue

Citations

  • 127 So. 2d 790
  • 1961 La. App. LEXIS 1844

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that, in analyzing alleged verbal criminal threats, “our cases have stressed that the context in which words are spoken is critical”
  • \A threat is more than language in a vacuum. It is not always reasonable——and sometimes it is patently irrational——to take every pronouncement at face value.\
  • threats require “a serious expression of an intent to cause a present or future 70 harm”
  • “Certainly, as the fresh victim of apparent arson, it can be expected that [the witness‟s] sensitivities would be heightened. But every statement that causes a hearer fear or painful memories is not a threat[.]”
  • “[S]peech is only a ‘true threat’ and therefore unprotected under the (continued…) 16 III. For the foregoing reasons, we affirm appellant’s conviction for simple assault and reverse her conviction for attempted threats. So ordered. (…continued
  • modified lyrics from a Lil Wayne song—“We will set this whole block on fire” and “we will set your house on fire”—did not express threats when sung to a neighbor with whom the speaker had a friendly relationship

Source: CourtListener parenthetical corpus (CC0).

Judges: McBride

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.