Counterman v. Colorado
On 19 April 2023 the court will hear oral argument on this issue:
Whether, to establish that a statement is a "true theat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as a threat of violence.
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-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook