Impact of SCOTUS Decision in Counterman v. Colorado on Defining a True Threat
Protecting both free speech and victims of threats
- Product Number: 2240228P01
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CLE Credits, earn up to:
1 substantive credits, 0 ethics credits CLE Credit Note - Print Brochure
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Product Description
Product Description
In June 2023, the U.S. Supreme Court issued its decision in Counterman v. Colorado, overturning a stalking conviction based on hundreds of Facebook messages sent by the defendant to a local female musician. The Colorado stalking statute mandated an objective test for whether communications were threatening, penalizing those that would cause “a reasonable person to suffer serious emotional distress.” The Supreme Court concluded that constitutional protections for free speech required something more, namely that the government prove the defendant’s subjective intent to threaten. Specifically, the Court held that the government must prove at least a mental state of “recklessness” in order to obtain a criminal conviction based on speech. The ruling represented a shift in the law about “true threats,” a long-standing exception to First Amendment protections.
Join our instructors as they dive into the details of the decision and explore its implications for both First Amendment jurisprudence and practical issues in criminal and civil law.
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Agenda
Agenda & Materials
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3:00pm-3:05pm
Welcome and Introduction
Chichi Lee, Esq., Middlesex District Attorney's Office , Woburn
Tom Miller, Esq., Zalkind, Duncan & Bernstein LLP , Boston
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3:05pm-3:20pm
Caselaw on True Threats Before Counterman
Chichi Lee, Esq., Middlesex District Attorney's Office , Woburn
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3:20pm-3:35pm
Counterman v. Colorado
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3:35pm-3:45pm
Impact on Massachusetts Crimes and Restraining Orders
Chichi Lee, Esq., Middlesex District Attorney's Office , Woburn
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3:45pm-3:55pm
Future Directions for Caselaw
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3:55pm-4:00pm
"Ask the Experts" Q&A Session and Key Takeaways
Please Note
MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
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