The Supreme Court long has said that “true threats” are not protected by the 1st Amendment, but what is a true threat? Although the issue is not new, social media has exponentially increased instances of speech that is perceived as threatening.
In a ruling Friday, the high court brought Texas and fellow states in line after a deluge of Republican lawsuits over immigration and other presidential policies, setting limits on the ability to sue. Over the decades, the lower courts across the country have divided between two major approaches to defining what is a true threat. Some state and federal courts, including the Colorado Supreme Court in the Counterman
In Tuesday’s decision, the court devised a compromise and said that speech can be punished when the speaker was “reckless” if he “consciously disregarded a substantial risk that his communication would be viewed a threat of violence.” It rejected the subjective standard as not providing enough protection for safety and the objective standard as not doing enough to safeguard speech.Supreme Court may make it harder to prosecute cyberstalking.
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