United States of America: Issued Supreme Court decision in Counterman v. Colorado concerning online threats

Issued Supreme Court decision in Counterman v. Colorado concerning online threats On 27 June 2023, the US Supreme Court issued its ruling in Counterman v. Colorado concerning whether death threats made through a social media platform are considered “true threats” and therefore could form the basis of a criminal prosecution since they are not protected under the freedom of speech right of the First Amendment. The Court found that in order to find someone guilty of making a “true threat” courts must first determine if there was a true intention to materialize the threats and whether the person recklessly disregarded the fact that their words and messages might be perceived as threats. The decision poses serious consequences for cyberstalking and online threats.