Counterman v. Colorado (True Threats / First Amendment)
Podcast:Supreme Court Decision Syllabus (SCOTUS Podcast) Published On: Sat Jul 01 2023 Description: Send us a textIn Counterman v. Colorado, the Supreme Court reviewed whether a conviction for stalking based on "true threats" requires an objective or subjective test. The Court ruled that to government must prove true threats based on a subjective test. Under this test, the Court writes, the speaker need not intend harm, and that recklessness is enough. Justice Kagan writes for the 7-2 majority. Read by Jeff Barnum.