Supreme Court of the United States
Counterman v. Colorado
June 27, 2023600 U.S. 66
Summary
The Supreme Court held that the First Amendment requires the State to prove, in true-threats cases, that the defendant had some subjective understanding of the threatening nature of his statements, but that recklessness is the maximum showing required. Colorado prosecuted Counterman under an objective 'reasonable person' standard with no mental-state requirement, which the Court held violated the First Amendment. The judgment of the Colorado Court of Appeals was vacated and the case remanded.