← All Authorities
United States
true threatsmens rea
Counterman v Colorado
600 U.S. 66 (2023)
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
Ask CommonBench about this case
Get a detailed analysis of Counterman v Colorado and how it applies to your situation.
Explain Counterman v Colorado