Supreme Court may clarify ‘true threat’

The Supreme Court may choose to undertake a review of Counterman v. Colorado, a case involving Facebook messages Counterman sent to a professional musician that she felt were threatening. The issue: “Whether, to establish that a statement is a ‘true threat’ unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective ‘reasonable person’ would regard the statement as a threat of violence.” (SCOTUSblog, November 30, 2022, by John Elwood)

For related FAC coverage, click here, here and here.