Overview of the Supreme Court Decision (Counterman v. Colorado)

Description

This resource, tailored for criminal justice professionals and community partners, sheds light on the recent United States Supreme Court decision in Counterman v. Colorado, 143 S.Ct. 2106 (2023). This decision clarified that to establish a “true threat” of violence, the government must prove that “the speaker subjectively understood the threatening nature of his statements.” Id. at 2113. Proof of recklessness is the minimum mental state that will satisfy this burden. Id. Counterman v. Colorado is relevant to the enforcement of hate crimes laws because hate crimes often involve a true threat or other violent crime (e.g., assault, battery, murder, arson). Although the First Amendment to the U.S. Constitution guarantees the right to free speech, this right does not extend to true threats. This resource therefore provides an overview of the Supreme Court’s decision and its implications for the field and identifies additional resources for consideration.

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