Counterman v. Colorado
Citation
600 U.S. 66 (2023)
Facts
Stub — to be completed.
Issue
Stub — to be completed.
Holding
Stub — to be completed.
Rule
The First Amendment requires proof of at least recklessness — that the defendant consciously disregarded a substantial risk that the communication would be perceived as threatening — to sustain a conviction for making a “true threat.”
Significance
Established a subjective mens rea floor for true threats prosecutions, rejecting an objective reasonable-person standard and requiring the government to show the speaker was at least reckless about the threatening nature of the statement.