Counterman v. Colorado (True Threats / First Amendment)
Supreme Court Decision Syllabus (SCOTUS Podcast)
English - July 01, 2023 13:00 - 6 minutes - 4.21 MB - ★★★★ - 38 ratingsGovernment Education scotus supreme court legal law supreme court decisions supreme court opinion slip opinion scotuscast court government Homepage Download Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
Previous Episode: Moore v. Harper (Independent State Legislature / Elections)
In Counterman v. Colorado, the Supreme Court reviewed whether a conviction for stalking based on "true threats" requires an objective or subjective test. The Court ruled that to government must prove true threats based on a subjective test. Under this test, the Court writes, the speaker need not intend harm, and that recklessness is enough. Justice Kagan writes for the 7-2 majority. Read by Jeff Barnum.