Justices Strike Balance for Online Speech in Stalking Case (1)

The US Supreme Court set a higher bar for when people can be prosecuted for threatening speech, but stopped short of giving prosecutors free rein.

In a 7-2 ruling on Tuesday, the justices said Colorado went too far when it convicted Billy Ray Counterman of stalking for repeatedly contacting a local musician over a two-year period on Facebook without showing that he knew, or should have known, that his words would be considered threatening.

The court reaffirmed that “true threats” aren’t protected by the First Amendment, but the justices worried that a rule focusing solely on the effect of a ...