Justices to Consider ‘True Threats’ In Latest Free Speech Dispute

Jan. 13, 2023, 9:31 PM UTC

The US Supreme Court has added another free-speech case to its docket, this one dealing with “true threats,” which are unprotected by the First Amendment.

The justices agreed on Friday to consider what prosecutors must show to prove that a defendant intended to make threatening statements.

It’s an issue the court agreed to decide in 2015’s Elonis v. United States. Instead, it left the knowledge issue open in deciding the case narrowly.

The latest case was brought by Billy Raymond Counterman, who was convicted of stalking after sending what prosecutors say were threatening Facebook messages to a local musician. ...

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