This headline is clickbaity over exaggeration. It didn’t “gut protections”. The protections were already pretty terrible so this was more of a clarification. Prior, the court had sort of waffled on what “true threat” meant. This… didn’t really help a great deal but it did clarify that both the reasonable person test and the reckless disregard tests had to be applied. I recommend reading Ken White’s article https://popehat.substack.com/p/supreme-court-clarifies-true-threats. The big takeaway:
So. To the practitioner, or to the internet tough-talker, what does this mean? It means that the law of the land, at least 7-2, is that a threat is only outside the protection of the First Amendment if:
A reasonable person, familiar with the context, would interpret the threat as a sincere statement of intent to do harm, and
The speaker was reckless about whether the threat would be taken sincerely — that is, they “consciously disregarded a substantial risk” that it would be taken seriously.
Colorado’s law played pretty loose with the reckless disregard aspect.
All that said, we need a better test, or better criteria to sort between some kid on LoL forums who trash talks and gets some mother in Canada worried (this actually happened) and when a woman reasonably fears for her safety based on persistent stalking.
This headline is clickbaity over exaggeration. It didn’t “gut protections”. The protections were already pretty terrible so this was more of a clarification. Prior, the court had sort of waffled on what “true threat” meant. This… didn’t really help a great deal but it did clarify that both the reasonable person test and the reckless disregard tests had to be applied. I recommend reading Ken White’s article https://popehat.substack.com/p/supreme-court-clarifies-true-threats. The big takeaway:
Colorado’s law played pretty loose with the reckless disregard aspect.
All that said, we need a better test, or better criteria to sort between some kid on LoL forums who trash talks and gets some mother in Canada worried (this actually happened) and when a woman reasonably fears for her safety based on persistent stalking.