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7 North Carolina opinions name it 2 courts 1986–2021 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rehaif v. United Statesgreen2 sentences2021Elonis, 575 U.S. at 745 (Alito, J., concurring in part, dissenting in part); see also Rehaif, 139 S. Ct. at 2196 (“The cases in which we have emphasized scienter’s importance in separating wrongful from innocent acts are legion.”). ¶ 62 The need to distinguish between culpable and innocent conduct is heightened when a statute criminalizes pure speech. 2021Elonis, 575 U.S. at 745 (Alito, J., concurring in part, dissenting in part); see also Rehaif, 139 S. Ct. at 2196 (“The cases in which we have emphasized scienter’s importance in separating wrongful from innocent acts are legion.”). ¶ 62 The need to distinguish between culpable and innocent conduct is heightened when a statute criminalizes pure speech. | 2 | 2 |
Elonis v. United Statesgreen2 sentences2021Elonis, 575 U.S. at 745 (Alito, J., concurring in part, dissenting in part); see also Rehaif, 139 S. Ct. at 2196 (“The cases in which we have emphasized scienter’s importance in separating wrongful from innocent acts are legion.”). ¶ 62 The need to distinguish between culpable and innocent conduct is heightened when a statute criminalizes pure speech. 2021Elonis, 575 U.S. at 745 (Alito, J., concurring in part, dissenting in part); see also Rehaif, 139 S. Ct. at 2196 (“The cases in which we have emphasized scienter’s importance in separating wrongful from innocent acts are legion.”). ¶ 62 The need to distinguish between culpable and innocent conduct is heightened when a statute criminalizes pure speech. | 2 | 2 |
State v. Petersiliegreen2 sentences2017Specifically, the defendant argued "the trial court erroneously included a scienter requirement while no such requirement is present in the statute." Id. 2017Our Supreme Court agreed, holding "that the trial court committed reversible error by incorrectly stating the law in its jury instructions[,]" id. at 172 , 432 S.E.2d at 834 (emphasis added), and granting the defendant a new trial because the erroneous instruction was " to defendant's prejudice ...," id. at 192 , 432 S.E.2d at 845 (emphasis added). | 1 | 1 |
In Re F & M Distributors, Inc. Securities Litigationgreen1 sentence2016We also note the analogous federal section 12(a)(2) action does not impose a scienter requirement. 15 U.S.C. § 77l(a)(2) ; see In re F & M Distributors, Inc. Securities Litigation, 937 F.Supp. 647 , 656 n. 5 (E.D.Mich.1996) ("In addition, § 12(a)(2) of the 1933 Act does not require proof of scienter...."); Junker v. Crory, 650 F.2d 1349 , 1359 (5th Cir.1981) ; see also Heck v. Triche, 775 F.3d 265 , 280-81 (5th Cir.2014) (citations omitted) (comparing a Louisiana state securities fraud claim to the analogous federal 12(a)(2) claim and differentiating it from a federal 10b-5 claim that requires | 1 | 1 |
Raymond Heck v. Kenneth Buhlergreen1 sentence2016We also note the analogous federal section 12(a)(2) action does not impose a scienter requirement. 15 U.S.C. § 77l(a)(2) ; see In re F & M Distributors, Inc. Securities Litigation, 937 F.Supp. 647 , 656 n. 5 (E.D.Mich.1996) ("In addition, § 12(a)(2) of the 1933 Act does not require proof of scienter...."); Junker v. Crory, 650 F.2d 1349 , 1359 (5th Cir.1981) ; see also Heck v. Triche, 775 F.3d 265 , 280-81 (5th Cir.2014) (citations omitted) (comparing a Louisiana state securities fraud claim to the analogous federal 12(a)(2) claim and differentiating it from a federal 10b-5 claim that requires | 1 | 1 |
United States v. Wurzbachgreen2 sentences1986The majority’s quote from United States v. Wurzbach that “[t]he precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk,” is inap-posite since Wurzbach is not a first amendment case. 280 U.S. 396, 399 , 74 L.Ed. 2d 508 , 510 (1930). 1986In doing so the Court in Hamling, supra, at 124 , 94 S.Ct. at 2911 , 41 L.Ed.2d at 624 (quoting United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167, 169 , 74 L.Ed. 508, 510 (1930)), reaffirmed the following familiar precept of criminal law: `Whenever the law draws a line there will be cases very near each other on opposite sides. | 1 | 1 |
Bantam Books, Inc. v. Sullivangreen2 sentences1986In my view, the two-pronged scienter requirement helps to ensure that individuals will not be deterred from disseminating constitutionally protected material out of fear that the material could be found unlawful since the line between obscene and non-obscene material is “dim and uncertain.” Bantam Books v. Sullivan, 372 U.S. 58, 66 , 9 L.Ed. 2d 584, 590 (1963). 1986In my view, the two-pronged scienter requirement helps to ensure that individuals will not be deterred from disseminating constitutionally protected material out of fear that the material could be found unlawful since the line between obscene and non-obscene material is “dim and uncertain.” Bantam Books v. Sullivan, 372 U.S. 58, 66 , 9 L.Ed. 2d 584, 590 (1963). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Stitt
green
1 sentence2017Instead, we have simply stated that "[t]he essential elements of a charge of assault on a government official are: (1) an assault (2) on a government official (3) in the actual or attempted discharge of his duties." State v. Noel , 202 N.C.App. 715 , 718, 690 S.E.2d 10 , 13, disc. review denied , 364 N.C. 246 , 699 S.E.2d 642 (2010). | 1 | 2017–2017 |
State v. RAHAMAN
neutral
1 sentence2017Instead, we have simply stated that "[t]he essential elements of a charge of assault on a government official are: (1) an assault (2) on a government official (3) in the actual or attempted discharge of his duties." State v. Noel , 202 N.C.App. 715 , 718, 690 S.E.2d 10 , 13, disc. review denied , 364 N.C. 246 , 699 S.E.2d 642 (2010). | 1 | 2017–2017 |
State v. Noel
green
2 sentences2017Instead, we have simply stated that "[t]he essential elements of a charge of assault on a government official are: (1) an assault (2) on a government official (3) in the actual or attempted discharge of his duties." State v. Noel , 202 N.C.App. 715 , 718, 690 S.E.2d 10 , 13, disc. review denied , 364 N.C. 246 , 699 S.E.2d 642 (2010). 2017Instead, we have simply stated that "[t]he essential elements of a charge of assault on a government official are: (1) an assault (2) on a government official (3) in the actual or attempted discharge of his duties." State v. Noel , 202 N.C.App. 715 , 718, 690 S.E.2d 10 , 13, disc. review denied , 364 N.C. 246 , 699 S.E.2d 642 (2010). | 1 | 2017–2017 |
Junker v. Crory
green
1 sentence2016We also note the analogous federal section 12(a)(2) action does not impose a scienter requirement. 15 U.S.C. § 77l(a)(2) ; see In re F & M Distributors, Inc. Securities Litigation, 937 F.Supp. 647 , 656 n. 5 (E.D.Mich.1996) ("In addition, § 12(a)(2) of the 1933 Act does not require proof of scienter...."); Junker v. Crory, 650 F.2d 1349 , 1359 (5th Cir.1981) ; see also Heck v. Triche, 775 F.3d 265 , 280-81 (5th Cir.2014) (citations omitted) (comparing a Louisiana state securities fraud claim to the analogous federal 12(a)(2) claim and differentiating it from a federal 10b-5 claim that requires | 1 | 2016–2016 |
Cinema I Video, Inc. v. Thornburg
green
2 sentences1987Each of these constitutional challenges were previously addressed and found meritless in Cinema I Video v. Thornburg, 83 N.C. 1987Each of these constitutional challenges were previously addressed and found meritless in Cinema I Video v. Thornburg, 83 N.C. | 1 | 1987–1987 |
Smith v. California
green
2 sentences1986Our tripartite response to plaintiffs’ argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 4 L.Ed. 2d at 211 , 80 S.Ct. at 218-19 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant and State v. Floyd, 413 U.S. 913 , 37 L.Ed. 2d 1036 , 93 S.Ct. 3065 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. 1986Our tripartite response to plaintiffs’ argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 4 L.Ed. 2d at 211 , 80 S.Ct. at 218-19 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant and State v. Floyd, 413 U.S. 913 , 37 L.Ed. 2d 1036 , 93 S.Ct. 3065 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. | 1 | 1986–1986 |
Mishkin v. New York
green
2 sentences1986A disseminator must not only know that the material contains descriptions or depictions of sexual conduct (content), but he must also know that the descriptions or depictions of sexual conduct are, or could reasonably be deemed, lewd or offensive (character). 2 This two-pronged scienter requirement, first suggested in 1966 in Mishkin v. New York, 383 U.S. 502 , 16 L.Ed. 2d 56 , reh’g denied, 384 U.S. 934 (1966) protects defendants from the ambiguity inherent in these types of laws, and avoids the dangers of self-censorship. 1986A disseminator must not only know that the material contains descriptions or depictions of sexual conduct (content), but he must also know that the descriptions or depictions of sexual conduct are, or could reasonably be deemed, lewd or offensive (character). 2 This two-pronged scienter requirement, first suggested in 1966 in Mishkin v. New York, 383 U.S. 502 , 16 L.Ed. 2d 56 , reh’g denied, 384 U.S. 934 (1966) protects defendants from the ambiguity inherent in these types of laws, and avoids the dangers of self-censorship. | 1 | 1986–1986 |
Hamling v. United States
green
2 sentences1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B 1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B | 1 | 1986–1986 |
O'Connor v. United States
green
2 sentences1986A disseminator must not only know that the material contains descriptions or depictions of sexual conduct (content), but he must also know that the descriptions or depictions of sexual conduct are, or could reasonably be deemed, lewd or offensive (character). 2 This two-pronged scienter requirement, first suggested in 1966 in Mishkin v. New York, 383 U.S. 502 , 16 L.Ed. 2d 56 , reh’g denied, 384 U.S. 934 (1966) protects defendants from the ambiguity inherent in these types of laws, and avoids the dangers of self-censorship. 1986A disseminator must not only know that the material contains descriptions or depictions of sexual conduct (content), but he must also know that the descriptions or depictions of sexual conduct are, or could reasonably be deemed, lewd or offensive (character). [2] This two-pronged scienter requirement, first suggested in 1966 in Mishkin v. New York, 383 U.S. 502 , 86 S.Ct. 958 , 16 L.Ed.2d 56 , reh'g denied, 384 U.S. 934 , 86 S.Ct. 1440 , 16 L.Ed.2d 535 (1966) protects defendants from the ambiguity inherent in these types of laws, and avoids the dangers of self-censorship. | 1 | 1986–1986 |
Ginzburg v. United States
green
1 sentence1986A disseminator must not only know that the material contains descriptions or depictions of sexual conduct (content), but he must also know that the descriptions or depictions of sexual conduct are, or could reasonably be deemed, lewd or offensive (character). [2] This two-pronged scienter requirement, first suggested in 1966 in Mishkin v. New York, 383 U.S. 502 , 86 S.Ct. 958 , 16 L.Ed.2d 56 , reh'g denied, 384 U.S. 934 , 86 S.Ct. 1440 , 16 L.Ed.2d 535 (1966) protects defendants from the ambiguity inherent in these types of laws, and avoids the dangers of self-censorship. | 1 | 1986–1986 |
Miller v. United States
green
2 sentences1986Our tripartite response to plaintiffs’ argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 4 L.Ed. 2d at 211 , 80 S.Ct. at 218-19 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant and State v. Floyd, 413 U.S. 913 , 37 L.Ed. 2d 1036 , 93 S.Ct. 3065 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. 1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B | 1 | 1986–1986 |
Krause v. Rhodes
green
2 sentences1986Our tripartite response to plaintiffs’ argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 4 L.Ed. 2d at 211 , 80 S.Ct. at 218-19 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant and State v. Floyd, 413 U.S. 913 , 37 L.Ed. 2d 1036 , 93 S.Ct. 3065 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. 1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B | 1 | 1986–1986 |
State v. Bryant
green
2 sentences1986Our tripartite response to plaintiffs’ argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 4 L.Ed. 2d at 211 , 80 S.Ct. at 218-19 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant and State v. Floyd, 413 U.S. 913 , 37 L.Ed. 2d 1036 , 93 S.Ct. 3065 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. 1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B | 1 | 1986–1986 |
Robinson v. Shea
green
1 sentence1986The majority’s quote from United States v. Wurzbach that “[t]he precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk,” is inap-posite since Wurzbach is not a first amendment case. 280 U.S. 396, 399 , 74 L.Ed. 2d 508 , 510 (1930). | 1 | 1986–1986 |
State v. Bryant
green
2 sentences1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B 1986Our tripartite response to plaintiffs' argument is that (1) in Smith, supra, the Court merely held that it must be shown that a distributor must have knowledge of the contents of the material being disseminated, id. at 153 , 80 S.Ct. at 218-19 , 4 L.Ed.2d at 211 ; (2) upon reconsideration by this Court in light of, inter alia, Miller, supra, as directed by the United States Supreme Court, see State v. Bryant, and State v. Floyd, 413 U.S. 913 , 93 S.Ct. 3065 , 37 L.Ed.2d 1036 (1973), this Court and the North Carolina Supreme Court upheld the scienter requirement of G.S. 14-190.1, see State v. B | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.