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Podcast: Supreme Court Decision Syllabus (SCOTUS Podcast)
Episode: Counterman v. Colorado (True Threats / First Amendment)
Description: Send us Fan MailIn Counterman v. Colorado, the Supreme Court reviewed whether a conviction for stalking based on "true threats" requires an objective or subjective test. The Court ruled that to government must prove true threats based on a subjective test. Under this test, the Court writes, the speaker need not intend harm, and that recklessness is enough. Justice Kagan writes for the 7-2 majority. Read by Jeff Barnum.Â