Supreme Court Rules for Convicted Cyberstalker in 1st Amendment Case

Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Olivier Douliery/AFP via Getty Images

The Supreme Court threw out on June 27 by a 7–2 vote a Colorado man’s conviction for making threats online against an entertainer because his intent in trying to communicate with her was never considered.

The case raised an important First Amendment issue in an age when so much communication takes place online using text, a medium that lacks the nonverbal cues present in in-person communication and that sometimes makes it difficult to ascertain the intent of the speaker.