The justices ruled that prosecutors in a criminal threats case must prove not only that a person made threatening statements, but also that the person intended the statements to be threatening
The U.S. Supreme Court on Tuesday strengthened First Amendment protections for threatening statements and found that Colorado prosecutors and judges violated a man’s Constitutional rights in a recent stalking case.will make it more difficult for prosecutors to prove criminal charges against people who make threats, Colorado Attorney General Phil Weiser said in a statement Tuesday.
In the 7-2 decision, the justices rejected that objective standard in favor of a subjective standard that considers the speaker’s intent. They cited concerns that the objective standard would chill free speech and encourage people to “self-censor,” afraid of how their words would be perceived. Justices Amy Coney Barrett and Clarence Thomas dissented, arguing that the majority’s ruling gives too much protection to threatening statements.
“The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” Kagan wrote., said in a statement Tuesday that the ruling fails victims of stalking and harassment and creates a “loophole” for stalkers who claim they did not intend to be threatening.
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