Supreme Court Raises Bar for Prosecuting Online Threats, Sparking Debate
- The Supreme Court ruled that for speech to be considered an unprotected "true threat," the government must prove that the speaker acted with at least reckless disregard for the threatening nature of the speech.
- The ruling makes it harder to prosecute stalkers and others who make threatening online communications and overturns the conviction of a Colorado man who sent hundreds of disturbing messages to a singer.
- Women's advocates argue the decision could discourage victims from coming forward, while free speech advocates say it properly protects inadvertently threatening speech.
- The ruling did not break down along ideological lines, with the majority opinion written by Justice Elena Kagan and a dissent by Justice Amy Coney Barrett.
- The case now returns to lower courts to determine if the man's conviction should stand under the new standard.