ANALYSIS: Today's Supreme Court Decision in Counterman v. Colorado

A win for the First Amendment–also a boon for stalkers and harassers!

In a landmark decision that is no doubt sending shockwaves through legal communities and advocacy groups, the Supreme Court just ushered in a major shift in the way threats are legally defined and prosecuted.

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I am not a lawyer. This is not legal advice.

In a move which will likely be hailed by some as a win for free speech but criticized by others as a massive setback for victims of criminal stalking and harassment, the Court has ruled today that the standard for prosecuting threats must include a subjective element of recklessness.

The case, originally brought by a defendant known as Counterman, hinged on the interpretation of threats under the First Amendment. The Court’s decision today rested on balancing two seemingly conflicting interests: preservation of freedom of expression and the protection of people from the very real danger of violent threats.

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This ruling effectively raises the bar for prosecuting true th…