Counterman v. Colorado
Issue: 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.
SCOTUSblog Coverage
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
- Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test (John Elwood, December 7, 2022)
- What mental state is required for making a prohibited “true threat”? (John Elwood, November 30, 2022)
- Two petitions probe permissible evidence in convictions and sentencing (Kalvis Golde, September 2, 2022)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jun 27 2022 | Application (21A873) to extend the time to file a petition for a writ of certiorari from July 10, 2022 to September 8, 2022, submitted to Justice Gorsuch. |
| Jun 29 2022 | Application (21A873) granted by Justice Gorsuch extending the time to file until August 9, 2022. |
| Aug 09 2022 | Petition for a writ of certiorari filed. (Response due September 12, 2022) |
| Aug 17 2022 | Motion to extend the time to file a response from September 12, 2022 to October 12, 2022, submitted to The Clerk. |
| Aug 18 2022 | Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2022. |
| Sep 12 2022 | Brief amicus curiae of Cato Institute filed. |
| Sep 12 2022 | Brief amicus curiae of The Rutherford Institute filed. |
| Oct 12 2022 | Brief of respondent Colorado in opposition filed. |
| Oct 26 2022 | Reply of petitioner Billy Raymond Counterman filed. |
| Nov 02 2022 | DISTRIBUTED for Conference of 11/18/2022. |
| Nov 28 2022 | DISTRIBUTED for Conference of 12/2/2022. |
| Dec 05 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Jan 03 2023 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 13 2023 | Petition GRANTED. |
| Jan 31 2023 | SET FOR ARGUMENT on Wednesday, April 19, 2023. |
