From the majority opinion in Kindschy v. Aish, written by Justice Rebecca Dallet:
The circuit court heard two days of testimony, and made the following findings of fact:
- On October 8, 2019, as Kindschy and a co-worker were leaving the clinic, Aish stated that Kindschy had time to repent, that "it won't be long before bad things will happen to you and your family," and that "you could get killed by a drunk driver tonight."
- On February 18, 2020, Aish said to Kindschy, "I pray you guys make it home safely for another day or two until you turn to Christ and repent. You still have time."
- On February 25, 2020, Aish again indicated that Kindschy would be lucky if she made it home safely.
- The statements made by Aish on these dates were specifically directed toward Kindschy.
… [T]he circuit court issued a four-year injunction which prohibited Aish from speaking to Kindschy, or going to her residence "or any other premises temporarily occupied by [Kindschy]."
The majority concluded that "even if Aish's statements were true threats—an issue we do not decide—the harassment injunction still violates the First Amendment because the circuit court did not make the necessary finding that Aish 'consciously disregarded a substantial risk that his communications would be viewed as threatening violence,'" the standard required by Counterman v. Colorado. And the majority concluded the injunction couldn't be justified under strict scrutiny:
