In Counterman v. Colorado (June 27, 2023), the U.S. Supreme Court held that in order for a defendant to be convicted of a crime for making a threat to another person, the “State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” In other words, […]
Counterman and the U.S. Supreme Court’s Overly Mechanical First Amendment Protection of Threats
