In June 2023, the U.S. Supreme Court ruled in Counterman v. Colorado, overturning a stalking conviction based on hundreds of Facebook messages sent to a local female musician. The Court found that Colorado’s stalking statute, which used an objective standard for threatening communications, violated constitutional free speech protections. It held that the government must prove the defendant’s subjective intent to threaten, requiring at least a reckless mental state for a criminal conviction based on speech. The decision marked a significant shift in the law surrounding “true threats,” an exception to First Amendment protections.
Chichi Lee of the Middlesex District Attorney's Office as they dive into the details of the decision and explore its implications for both First Amendment jurisprudence and practical issues in criminal and civil law, excerpted from MCLE's 5/30/2024 live webcast: Impact of SCOTUS Decision in Counterman v. Colorado on Defining a True Threat. The full program is available as an on-demand webcast or an MP3 here. Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass and start your free trial today!