HARTFORD, Conn. — The Connecticut Supreme Court has ruled against a Danbury man in a free speech case, concluding that even though he may not have been explicitly threatening in an argument with staff at a day care center, he is not entitled to first amendment protection because his physical movements, past confrontation with the staff and his demeanor in general were.
The state's highest court decision Friday reverses the state Appellate Court and could result in an additional prison sentence for the father, Kerlyn M. Taveras. Taveras, who has previously been convicted on threatening and assault charges, is currently in prison on unrelated charges. He was convicted of breach of the peace for threatening speech during the day care argument in March 2014 and the Supreme Court decision could result in violation of his probation imposed on other criminal charges.
The unanimous Supreme Court decision, written by Justice Maria Araujo Kahn, turns on when otherwise obnoxious speech crosses a line to threats and the speaker loses constitutional free speech protection. When considering what is a threat, the court said it is permissible to consider the context in which the speech occurs.
