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Skip to contentSkip to site index Sections SEARCH Politics SUBSCRIBE FOR $1/WEEKLog in Tuesday, June 27, 2023 Today’s Paper SUBSCRIBE FOR $1/WEEK Politics|Supreme Court Puts First Amendment Limits on Laws Banning Online Threats https://www.nytimes.com/2023/06/27/us/politics/supreme-court-first-amendment-colorado.html * Give this articleShare full article * * U.S. SUPREME COURT * Key 2023 Decisions * Election Theory Rejected * A Win for Tribal Rights * A Surprise Voting Rights Ruling * Ruling Against Andy Warhol Advertisement Continue reading the main story Supported by Continue reading the main story SUPREME COURT PUTS FIRST AMENDMENT LIMITS ON LAWS BANNING ONLINE THREATS The case concerned Billy Counterman, a Colorado man who became obsessed with a singer-songwriter, sending her disturbing messages on Facebook. * Give this articleShare full article * * * Read in app Justice Elena Kagan wrote in a majority opinion that the risk of chilling protected speech warranted imposing an added burden on prosecutors.Credit...Kenny Holston/The New York Times By Adam Liptak Reporting from Washington June 27, 2023Updated 3:21 p.m. ET The Supreme Court ruled on Tuesday that the First Amendment imposes limits on laws that make it a crime to issue threats on the internet, requiring prosecutors to prove that defendants had acted recklessly in causing emotional harm. Writing for five justices in the 7-to-2 decision, Justice Elena Kagan took a middle path. “The state must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” she wrote. “The state need not prove any more demanding form of subjective intent to threaten another.” Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. @adamliptak • Facebook * Give this articleShare full article * * * Read in app Advertisement Continue reading the main story -------------------------------------------------------------------------------- Subscribe to The Times to read as many articles as you like. nytimes.com/subscription SITE INDEX SITE INFORMATION NAVIGATION * © 2023 The New York Times Company * NYTCo * Contact Us * Accessibility * Work with us * Advertise * T Brand Studio * Your Ad Choices * Privacy Policy * Terms of Service * Terms of Sale * Site Map * Canada * International * Help * Subscriptions You’ve reached your limit of free articles. Already a subscriber? Log in. The New York Times: Digital and Home Delivery Subscriptions READER FAVORITE BASIC SUBSCRIPTION Enjoy unlimited access for $1 a week WELCOME OFFER $6.25 $1/week Billed as $4 every 4 weeks for the first year. Cancel or pause anytime. OR Check out with card -------------------------------------------------------------------------------- Offer Link An All Access subscription includes News, plus Games, Cooking, Wirecutter and The Athletic. -------------------------------------------------------------------------------- Offer for a New York Times All Access subscription; current subscribers not eligible. Subscription excludes print edition. Your payment method will automatically be charged in advance the introductory rate of $4 every 4 weeks for 1 year, and after 1 year the standard rate of $25 every 4 weeks. Your subscription will continue until you cancel. Cancellation takes effect at the end of your current billing period. Taxes may apply. Offer terms are subject to change. -------------------------------------------------------------------------------- © 2023 The New York Times Company HelpFeedback Your tracker settings We use cookies and similar methods to recognize visitors and remember their preferences. We also use them to measure ad campaign effectiveness, target ads and analyze site traffic. To learn more about these methods, including how to disable them, view our Cookie Policy. By clicking "accept", you consent to the processing of your data by us and third parties using the above methods. You can always change your tracker preferences by visiting our Cookie Policy. ACCEPT REJECT plus-icon check Subscribe to The Times to read (and print) as many articles as you’d like. nytimes.com/subscription