Strictissimi Juris: The First Amendment’s Defense Against Conspiracy Charges

Most criminal defense attorneys and criminal law scholars have never heard of the strictissimi juris doctrine. Steven Morrison addresses that knowledge gap and offers instructions for defending clients who are engaged in First Amendment-protected conduct and are charged with conspiracy. He provides a brief history of strictissimi juris, presents concrete potential uses of the doctrine, and discusses the contents of the motion defense attorneys should file when arguing that the doctrine applies.