Supreme Court wrestles with what prosecutors need to prove to convict someone of making a “true threat” in a case brought by a Colorado man who repeatedly sent abusive messages to a local musician.
on Wednesday wrestled with what prosecutors need to prove to convict someone of making “true threats” in a case brought by a Colorado man who repeatedly sent abusive messages to a local musician.says his conviction for sending Facebook messages to singer-songwriter Coles Whalen is invalid because the jury was not required to make any finding about whether he intended his comments to be genuine threats.
Several justices seemed sympathetic to Counterman's arguments, although it is unclear how exactly the court will rule. Fellow conservative Justice Neil Gorsuch questioned why Counterman's intent would not be relevant context that could have been presented to the jury at trial. Other justices appeared more sympathetic to prosecutors, with liberal Justice Elena Kagan saying that from the perspective of a victim “this can be objectively terrifying.”backing Colorado, 25 states urged the justices to give them leeway to prosecute without imposing an intent requirement, saying it can help curb threatening conduct before it leads to violence.in which the court threw out the conviction of a Pennsylvania man who made threatening remarks on Facebook aimed at his ex-wife.
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