Supreme Court may extend free-speech rights to online stalkers

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The Supreme Court heard a free-speech case on Wednesday and sounded ready to make it much harder to prosecute alleged online stalkers who repeatedly send unwanted and harassing messages that leave the victim upset and frightened.

Coles Whalen, a Colorado musician, said she quit performing in public after receiving menacing messages over two years from a man she never met.

Billy Ray Counterman was prosecuted for stalking and causing emotional distress. His defense attorneys said he was “delusional” and suffered from mental illness, but he did not intend to threaten Whalen. Washington attorney John P. Elwood, representing Counterman, urged the court to rule that prosecutors must prove the stalking defendant had a “specific intent” to threaten the recipient of his messages.

Colorado Atty. Gen. Philip J. Weiser argued the danger flows in the other direction. Cyberstalking can “cause life-changing harm,” he said.

 

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