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Tuesday, June 23rd 2026

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U.S. Supreme Court rejects Colorado’s standard for criminal threats

In Counterman v. Colorado stalking case, justices strengthen First Amendment protections for free speech

Colorado Attorney General Phil Weiser speaks to reporters at the U.S. Supreme Court Building in Washington, D.C., on Dec. 05, 2022. The U.S. Supreme Court heard oral arguments from cases including one involving Lorie Smith, the owner of 303 Creative, a website design company in Colorado who refuses to create websites for same-sex weddings despite a state anti-discrimination law. Wesier was back at the court Wednesday, April 19, 2023, to argue a case examining whether unsolicited and threatening social media messages are protected by the First Amendment.(Photo by Anna Moneymaker/Getty Images)
Colorado Attorney General Phil Weiser speaks to reporters at the U.S. Supreme Court Building in Washington, D.C., on Dec. 5, 2022. The U.S. Supreme Court heard oral arguments from cases including one involving Lorie Smith, the owner of 303 Creative, a website design company in Colorado who refuses to create websites for same-sex weddings despite a state anti-discrimination law. Weiser was back at the Supreme Court on Wednesday, April 19, 2023, to argue a case examining whether unsolicited and threatening social media messages can be prosecuted or are protected by the First Amendment. (Photo by Anna Moneymaker/Getty Images)
DENVER, CO - DECEMBER 4: Shelly Bradbury - Staff portraits at the Denver Post studio. (Photo by Eric Lutzens/The Denver Post)
By | sbradbury@denverpost.com | The Denver Post
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The court's ruling in Counterman v. Colorado will make it more difficult for prosecutors to prove criminal charges against people who make threats, Colorado Attorney General Phil Weiser said in a statement Tuesday.
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