In considering a case to define “true threats,” the U.S. Supreme Court seemed to favor a narrow rule for determining when speech loses First Amendment protection. During arguments in Counterman v. Colorado, about a man convicted of stalking a musician, the court was interested in whether the man intended to cause fear rather than how the musician felt. (Bloomberg Law, April 19, 2023, by Kimberly Strawbridge Robinson)
The musician said she “extremely scared” by the messages the man sent her. Her mental health sagged and she cancelled appearances. A Colorado appeals court upheld his four-and-a-half prison term in ruling that his speech constituted a true threat based on whether a reasonable person would consider his speech a threat of violence. (SCOTUSblog, April 17, 2923, by Amy Howe)
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