The U.S. Supreme Court on Tuesday threw out the stalking conviction of a Colorado man who sent hundreds of unwanted Facebook messages to a female musician, ruling that state prosecutors had not shown that he was aware of the 'threatening nature' of his statements.
News media gather outside the front of the U.S. Supreme Court building in Washington, U.S. September 30, 2022. REUTERS/Kevin Lamarque/File Photoof a Colorado man who sent hundreds of unwanted Facebook messages to a female musician, ruling that state prosecutors had not shown that he was aware of the "threatening nature" of his statements.
Kagan wrote that the First Amendment "requires proof that the defendant had some subjective understanding of the threatening nature of his statements." Counterman had a history of making violent threats to women and was on supervised release from one such federal conviction during the two years he continuously messaged Whalen. He was found guilty in a 2017 trial of stalking Whalen and sentenced to 4-1/2 years in prison as he pursued his First Amendment appeal.
Counterman contended that prosecutors should be required to prove a speaker's specific intent to threaten before stripping offending speech of its constitutionally protected status. Among Counterman's communications to Whalen were messages that read: "Was that you in the white Jeep?" and "You're not being good for human relations. Die. Don't need you." Others used expletives.
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