Supreme Court of the United States

Counterman v. Colorado

June 27, 2023600 U.S. 66

Summary

The Court held that the First Amendment requires a subjective mens‑rea in true‑threat prosecutions and that recklessness is the constitutionally sufficient standard, vacating the Colorado Court of Appeals judgment and remanding for further proceedings consistent with this rule.

Holding

  • Whether the First Amendment requires a subjective mens‑rea in true‑threat cases.. Yes; the State must prove that the defendant had some understanding of the threatening character of his statements.
  • What subjective mental‑state standard is sufficient for true‑threat prosecutions?. Recklessness is sufficient; the State must show the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening.

Docket 22-138

Cited authorities

  • CA10
  • CA10
  • Colo. Rev. Stat. § 18
  • Colo. Rev. Stat. § 18
  • Colo. Rev. Stat. § 18
  • 64 DePaul L. Rev. 1
  • Colo. Rev. Stat. §§ 18
  • 18 U.S.C. § 875
Read full opinionPDF