Counterman v. Colorado
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
22-138 | Colo. App. | Apr 19, 2023 | Jun 27, 2023 | 7-2 | Kagan | OT 2022 |
Holding: To establish that a statement is a "true threat" unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements' threatening nature, based on a showing no more demanding than recklessness.
Judgment: Vacated and remanded, 7-2, in an opinion by Justice Kagan on June 27, 2023. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined as to Parts I, II, III-A, and III-B. Justice Thomas filed a dissenting opinion. Justice Barrett filed a dissenting opinion, in which Justice Thomas joined.
SCOTUSblog Coverage
- Justices throw out Colorado man's stalking conviction in First Amendment dispute (Amy Howe, June 27, 2023)
- Justices hear "true threat" protected speech case (Amy Howe, April 20, 2023)
- Colorado man's First Amendment challenge will test the scope of protection for threatening speech (Amy Howe, April 18, 2023)
- 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)