Wednesday, February 22, 2023

Supreme Court grapples with what constitutes a 'true threat' on social media

In April, the U.S. Supreme Court will hear oral arguments in the case Billy Raymond Counterman v. The People of the State of Colorado. At issue is what constitutes a legitimate criminal threat on social media — and therefore, is not protected by the U.S. Constitution’s 1st Amendment.
In 2016, Counterman was sentenced to four and one-half years in prison after being convicted of stalking Coles Whalen, a singer/songwriter, and making threats against him over a six-year period. The prosecution and conviction has been upheld as constitutional by the Colorado Court of Appeals but has made its way to the U.S. Supreme Court, and it remains be seen whether or not the High Court will agree or disagree with earlier rulings.
Supreme Court grapples with what constitutes a 'true threat' on social media.

Editor's Note: anything a wingnut does or says on social media is a true threat, but that is beside the point of this case.

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