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22-304

Counterman v. Colorado

22-304Colorado Court of AppealsArgued Apr 19, 2023Decided Jun 27, 2023Decided
Cert Granted
Oral ArgumentsApr 19, 2023
Opinion IssuedJun 27, 2023

What's this case about?

Whether the First Amendment requires proof of a defendant's subjective state of mind to establish a 'true threat.'

What are the basics?

The Court held that the First Amendment requires proof that the defendant had some subjective understanding of the threatening nature of statements to sustain a true threats conviction. A recklessness standard applies.

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