The US Supreme Court has agreed to weigh in on an important free speech question: What test should courts use to determine whether statements are “true threats” that are not protected by the First Amendment? The answer should inform courts what prosecutors must show to prove that a defendant intended to make threatening statements.
The latest case was brought by Billy Raymond Counterman, who was convicted of stalking after sending what prosecutors say were threatening Facebook messages to a local musician, which resulted in him being sentenced to four-and-a-half years in prison. He made comments such as “Die” and “Fuck off permanently.” The woman told a family member that she was “extremely scared” after receiving these messages.
This is the second time that the justices have agreed to take up this question: In 2014, they granted review in Elonis v. United States, involving the same issue, but ultimately decided that case on a different ground.
The case is Counterman v. Colorado , U.S., No. 22-138.