Counterman v. Colorado
✓DecidedDocket:22-304
Colorado Court of Appeals
Argued April 19, 2023
Decided June 27, 2023
Question Presented
Whether the First Amendment requires proof of a defendant's subjective state of mind to establish a 'true threat.'
Plain English Summary
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.
In the News
Case Timeline
Certiorari Granted
Supreme Court agreed to hear the case
Oral Arguments
⚖️Case argued before the Court
Apr 19, 2023
Opinion Issued
✓Court's decision released
Jun 27, 2023