Case Law Index
federal2023
Additional Highlights:First AmendmentTrue ThreatsCriminal Law
Counterman v. Colorado
United States Supreme Court
Key Holding
The First Amendment requires that a true threats prosecution prove the defendant had at least a reckless disregard as to whether the communication would be regarded as a threat.
Case Summary
Counterman v. Colorado held that the government must prove a defendant was at least reckless in sending messages a reasonable person would view as threatening, striking a balance between protecting victims of threatening communications and ensuring robust First Amendment protection for speech.