Jan. 13, 2023 – Cert. Grant – Counterman v. Colorado (U.S. Supreme Court, 22-138)

“Whether, to establish that a statement is a ‘true threat’ unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective ‘reasonable person’ would regard the statement as a threat of violence.” 

Note: This issue has possible implications for prosecutions under California threat statutes such as PC 69, 71, 76, and 422. Given the timing of the cert. grant, the case is likely to be argued and decided this term.