Justices Throw Out Conviction Based on Online Threats

“The Supreme Court on Tuesday reversed the conviction of a man who made extensive online threats to a stranger, saying free speech protections require prosecutors to prove the stalker was aware of the threatening nature of his communications,” the Washington Post reports.

“In a 7-2 ruling authored by Justice Elena Kagan, the court emphasized that true threats of violence are not protected by the First Amendment.”

“But to guard against a chilling effect on non-threatening speech, the majority said states must prove that a criminal defendant has ‘disregarded a substantial risk that his communications would be viewed as threatening violence.'”