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No. 22-138October Term 2022Decided Jun 27, 2023

Docket 22-138October Term 2022 (2022–2023)

Counterman v. Colorado

This case examines whether a person's threatening Facebook messages constitute a 'true threat' unprotected by the First Amendment.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2023
Case Accepted
Arguments HeardApr 19, 2023
Decision ReleasedJun 27, 2023
What it's about

This case examines whether a person's threatening Facebook messages constitute a 'true threat' unprotected by the First Amendment. The Court held that the government must prove the speaker had some subjective understanding of the statements' threatening nature, using at least a recklessness standard.

Question presented

Whether a person's threatening Facebook messages constitute a 'true threat' unprotected by the First Amendment.

Case path

Court of Appeals of Colorado / Decision released Jun 27, 2023

Area

First Amendment

Documents

Opinions

Counterman

Elana Kagan

opinion

Orders

Lower Court Orders/Opinions

Key filings

Questions Presented
Petition
View full docket on supremecourt.gov

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Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Mar 31, 2026
Method
Methodology
Primary materials8