DENVER (KDVR) — A person convicted and sentenced for stalking a Colorado singer is now saying his messages had been protected underneath the First Modification in a case that’s earlier than the U.S. Supreme Court docket.
In 2017, Billy Raymond Counterman was sentenced to 4 and a half years in jail for stalking Colorado singer Coles Whalen. Whalen’s lawyer says the messages began escalating in 2014.
“I feel finest estimates is that she obtained greater than a thousand undesirable communications from Counterman,” stated Paul Cassell, an lawyer representing Whalen. “Coles obtained tons of of communications, and plenty of of these had been threatening. They had been references to her needing to die and references to the truth that Counterman was following her or following associates of hers, and so these communications brought about her to want to go away her house and in the end to surrender her profession as a stage performer.”
However now, Counterman is interesting a decrease court docket’s choice by arguing his messages had been protected by free speech. The Supreme Court docket determined to take up his enchantment, with oral arguments beginning Wednesday.
Are the messages thought-about ‘true threats’?
“It’s not shocking within the sense that the usual has lengthy been unclear as to what constitutes what they name a ‘true menace,’” stated Ian Farrell, a legislation professor with the College of Denver.
The Supreme Court docket is now tasked with deciding whether or not Courtman’s messages are thought-about true threats, that are statements not protected by the First Modification.
“Colorado’s legislation says it’s a true menace and subsequently may be criminalized and punished if an objectively affordable particular person would imagine that there was really a menace on their security,” Farrell stated.
Nonetheless, Counterman cites psychological sickness and argues he didn’t intend to harm Whalen.
“The usual being argued by the defendant is that to ensure that it to go exterior of safety of the First Modification and be punishable, the federal government should show that the speaker supposed for the sufferer to be put in concern of their life or bodily security,” Farrell stated.
The Supreme Court docket is anticipated to rule by the top of June.
