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United States true threatsmens rea

Counterman v Colorado

600 U.S. 66 (2023)
JurisdictionUnited States
CourtSupreme Court of the United States
Year2023
StatusBinding authority

Key Principle

To prosecute speech as a 'true threat' unprotected by the First Amendment, the State must prove the speaker had a subjective awareness of the threatening nature of the statement, but recklessness (consciously disregarding a substantial risk that the communication would be viewed as threatening) is a sufficient mens rea.

Area of Law

constitutional

Related Cases

Trump v Anderson Trump v. Anderson, 601 U.S. 100 (2024)
Rahimi v United States United States v. Rahimi, 602 U.S. 680 (2024) (No. 22-915)
United States v Rahimi (DV Firearms) 602 U.S. 680 (2024)

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