Countermanv.Colorado
CourtSupreme Court of the United States
Docket No.22-138
DecidedJune 27, 2023
Reporter600 U.S. 66
JudgesSee official opinion.
Tags
CriminalFirst AmendmentTrue ThreatsMens ReaFree Speech
Case Summary
Colorado convicted Billy Counterman under a true-threat statute based on Facebook messages sent to a musician. The state court applied an objective standard that asked whether a reasonable person would view the messages as threatening. The Court held that the First Amendment requires the government to prove that the defendant consciously disregarded a substantial risk that the communication would be viewed as threatening violence. Because Counterman's conviction was obtained under a lower standard, the Court vacated and remanded.
Opinion
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