Supreme Court Debates Free-Speech Defense in Cyberstalker Case

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Supreme Court justices questioned whether a Colorado stalking law violates the First Amendment because defendants can be convicted even if they didn’t intend to threaten victims with physical violence

Justices consider defendant’s request to throw out his conviction because he says he meant no harm in deluging singer with Facebook messagesPhoto:WASHINGTON—Supreme Court justices on Wednesday questioned whether a Colorado stalking law violates the First Amendment because defendants can be convicted even if they didn’t intend to threaten victims with physical violence.

The case was a textbook example of cyberstalking. Billy Counterman became obsessed with a Denver singer-songwriter, Coles Whalen, and in 2014 began texting her through Facebook Messenger, under the delusion that they were in a romantic relationship. The hundreds of messages, which kept coming even after she blocked Mr. Counterman and obtained a restraining order against him, were terrifying and drove her from performing in public, Ms. Whalen said.

 

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When only physical harm is considered We've already lost the battle. Terrorism comes in all forms.

If the person is that delusional, then there isn't really any mens rea no matter how scared the victim is. In this case, involuntary commitment might be appropriate. A lot of people also simply don't get hints the rest of us have no trouble understanding.

The very ACT of stalking might not be a physical harm (YET) but it’s impact is emotional and psychological in nature and therefore the victim suffers harm inflicted by the actions of the stalker. I hope a definitive legal resolution to this to ensure laws are enforced.

Do they not realize that cyber stalkers can destroy people's lives ? Push a teenager to suicide? Can someone get a teenager to explain things to them?! I understand it can be misused, anything can, but it's not different in principle from threats of physical violence.

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