Remove Constitutional Law Remove Court Remove Court Decisions Remove Mens Rea
article thumbnail

Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.