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(Rutherford Institute) The U.S. Supreme Court has agreed to hear a case challenging part of Colorado’s stalking law to determine what constitutes a true threat. The Court’s decision could affect whether such a law could be used to criminalize non-threatening political speech that may be merely annoying, embarrassing, or unpleasant.
In an amicus brief filed in Counterman v. Colorado, The Rutherford Institute warned against the ramifications of allowing the government to use overly broad stalking laws to treat expressive activities on social media as true threats, which are not protected by the First Amendment, without having to prove that the messages are both reasonably understood and intended to threaten an illegal act.
“The government must not be given the power to criminalize speech it deems distasteful or annoying,” said…The Rutherford Institute :: SCOTUS Case Could Give the Government a Green Light to Chill Political Speech on Social Media |