The holding in Counterman elevates stalkers into free speech heroes.
have observed, no such evidence exists. The average individual does not consult legal statutes and their enforcement before deciding how or if to speak. What is more, an exploration of stalking prosecutions would lead to the opposite conclusion: Stalking, like other abuses disproportionately committed by men against women, is, abusers could already take heart that they could act with near impunity in the vast majority of cases.
This certainly seems to have been true of Counterman himself, whose previous convictions for making violent threats against female family members clearly did not deter him from stalking C.W.Justice Kagan joined the liberal justices in dissent, decrying the conservative supermajority’s specious use of history and tradition to deny constitutional protections to women. The dissent pointedly observed that “ ‘people’ did not ratify the Fourteenth Amendment. Men did.
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