The U.S. Supreme Court established a weaker test for deciding when speech constitutes “true threat,” vacating the conviction of a Colorado man in a stalking case. Billie Ray Counterman was convicted on the test that a reasonable person would consider the speech “true threats.” The court found that a “true threat” finding could only be made if the speaker “had some subjective understanding of his statements’ threatening nature.” The comments have to be shown to be reckless. (Forbes, June 27, 2023, by Alison Durkee)
The ruling will make it harder to prosecute rampant online stalking. First Amendment advocates backed the court’s decision in strengthening free speech and reducing the chance of “criminalizing misunderstandings” as Counterman’s attorneys had contended. (ABC News, June 27, 2023, by Devin Dwyer)