Counterman v. Colorado was a SCOTUS in the Classroom case. It was decided on June 27, 2023.
This case was about the definition of a “true threat” not protected by the First Amendment. Is it when the person making the statement intends to harm or when the recipient is reasonably afraid of being harmed?
Each term Street Law selects the most classroom-relevant, student-friendly cases as our SCOTUS in the Classroom cases. Teachers are encouraged to conduct moot courts the same week the case is argued, giving students the opportunity to follow discussion and analysis in the news and listen to or read a transcript of the actual oral arguments.
Street Law provides the following case resources for Counterman v. Colorado:
- Case summary (high school level)
- Classifying Arguments activity - handout version (high school level)
- Classifying Arguments activity - strips version (high school level)
Case Issue:
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To establish that a statement is a “true threat” unprotected by the First Amendment, must the government show that the speaker subjectively knew or intended the threatening nature of the statement, or is it enough to show that an objective “reasonable person” would regard the statement as a threat of violence?
Case Briefs:
- Brief of Petitioner: Counterman
- Brief of Respondent: Colorado
Oral Argument:
Decision:
News Articles and Resources:
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SCOTUSblog: “What mental state is required for making a prohibited “true threat”? (November 30, 2022)
- Washington Post: “His obsessive online posts terrorized her. But were they illegal threats?” (April 1, 2023)
- Law Week Colorado: “U.S. Supreme Court to Hear Colorado Case Over Online Threats.”(January 17, 2023)
- CBS Colorado: “U.S. Supreme Court to review Colorado social media stalking case involving Denver singer.” - video (January 16, 2023)
- NBC News: “Supreme Court takes up convicted stalker’s plea to decide what constitutes a ‘true threat’” (January 13, 2023)
How to Conduct a Moot Court or a Mini-Moot Court:
Since 1995, Street Law, Inc. has been developing curricular materials to help teach about modern and historic Supreme Court cases.
All Street Law Case Summaries include the following sections: case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, and the decision. They have been reviewed by both legal experts and educators and are ready for classroom use.