No. 22-138October Term 2022Decided Jun 27, 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
- 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
Timing
Decided June 27, 2023
The Court released its decision 69 days after oral argument on April 19, 2023. The median for cases argued in April is 58 days.
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 31, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 22-138
docket | Mar 31, 2026
Primary case document
Supreme Court document | Mar 31, 2026
CourtListener docket record
docket | Mar 31, 2026
Questions Presented
brief | Mar 8, 2026
Counterman
opinion | Jun 27, 2023
opinion
opinion | Jun 27, 2023
Petition
brief | Aug 9, 2022
Lower Court Orders/Opinions
order | Jun 27, 2022