Counterman v. Colorado
Counterman v. Colorado is a pending case of the Supreme Court of the United States concerning whether the First amendment's free speech clause requires proof of intent in order to a person to be convicted for threats under the true threat doctrine. Oral argument was held April 19, 2023.
| Counterman v. Colorado | |
|---|---|
 | |
| Argued April 19, 2023 | |
| Full case name | Billy Raymond Counterman, Petitioner v. Colorado |
| Docket no. | 22-138 |
| Argument | Oral argument |
| Questions presented | |
| 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. | |
| Court membership | |
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Background
Counterman was convicted for stalking (serious emotional distress) under section 18-3-602(1)(c), C.R.S. 2020 and sentenced to four-and-a-half years of prison for messages he sent to singer-songwriter Coles Whalen over a six-year period.[1] The Colorado Court of Appeals affirmed his conviction and the Colorado Supreme Court denied review.[2] On January 13, 2023, the United States Supreme Court granted his petition for certiorari.[3]
External links
Footnotes
- Kyle Wagner (January 25, 2023). "U.S. Supreme Court Will Hear Colorado Social Media Stalking Case Involving Musician". Westword. Retrieved March 30, 2023.
- "Supreme Court Report: Counterman v. Colorado, 22-138". National Association of Attorneys General. 2023-01-30. Retrieved 2023-04-17.
- "Docket for 22-138". www.supremecourt.gov. Retrieved 2023-04-17.
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