Advocates Warn That a US Supreme Court Decision Is a Win for
Cyberstalkers
On Tuesday, a 7-2 decision by the US Supreme Court reversed the
conviction of a man who repeatedly threatened a stranger online.
Justice Elena Kagan wrote in the majority opinion that First Amendment
free speech protections require such cases to show that online
harassers or cyberstalkers were aware that their digital abuse could
be construed as threatening. Threats of violence are not protected by
the First Amendment, but the court said prosecutors must show that a
defendant “consciously disregarded a substantial risk that his
communications would be viewed as threatening violence.” The offender
in the case the court looked at, Billy Counterman of Colorado, had
“moved to dismiss the charge on First Amendment grounds, arguing that
his messages were not ‘true threats’ and therefore could not form the
basis of a criminal prosecution.”
Counterman had persistently and repeatedly messaged a local singer he
didn't know on Facebook over two years, and when she would block him
he made new accounts to continue messaging her. Victims of online
harassment and digital rights advocates warned following the decision
that it creates a dangerous precedent to empower cyberstalkers. “The
Court just handed stalkers and harassers, including of politicians,
journalists, climate scientists, doctors advocating for vaccines, you
name it, a new weapon,” Soraya Chemaly, director of the Women’s Media
Center Speech Project, told the Washington Post.
https://www.wired.com/story/cyberstalking-first-amendment-us-supreme-court-security-roundup/