What constitutes a 'true threat?' SCOTUS will be the judge of that... stalking socialmedia
will present oral arguments around the question of whether threats made via social media are actually “true threats,” and thus unprotected by the First Amendment, or whether the prosecution must prove that the sender subjectively understood that the message was threatening or meant for it to be. In addition, the court will review whether it is enough to show that an objective, “reasonable person” would classify the messaging as a violent threat.
Over the years that he communicated with Whalen — a pianist who spent her youth in Colorado before moving to Nashville in 2007 and then back to Denver in 2012 — Counterman’s messages to her on Facebook nearly destroyed her career, she toldin 2017. The messages included invitations for coffee, threats to kill himself, and details about her personal life that made her think he was following her. Ultimately, his attention began to affect her ability to perform in public.
Back in 2017, Whalen’s friend, bassist Kim O’Hara, said that Whalen “was too frightened to book shows because it meant we had to post online where we would be and at what time. We did not know what Bill Counterman looked like — he could be anyone at any show. Coles became afraid to talk to people; she was anxious, unhappy, and constantly checking in with security. Playing a show was clearly more stressful than joyful.
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