Supreme Court Considers ‘True Threats’ Doctrine in Colorado Social Media Stalking Case

The Supreme Court heard oral arguments April 19 in Counterman v. Colorado, a case that questions whether intent is necessary to constitute a “true threat” — a category of speech that is unprotected by the First Amendment.

Teacher Guide: Speech Not Protected by the First Amendment

This teacher guide discusses many of the important unprotected categories of speech that have led to contentious First Amendment litigation through the years.

Supreme Court Needs to Clarify True Threat Exception; Case Out of Colorado Could Be the Vehicle

Today in this age of increased political polarization and the ubiquity of social media communications, the need for a clear definition of what exactly constitutes a true threat is even more important.

Man Who “Trolled” Parkland Shooting Victims’ Families Sentenced to 5 Years in Prison

Fleury’s lawyers tried to dismiss the case ahead of his trial in October 2019, arguing that his comments, though noxious, were protected under the First Amendment. But U.S. District Judge Rodolfo Ruiz rejected their motion, writing that Fleury’s expression fell under a category of unprotected speech called true threats.

Threatening Lyrics In Music Video Not Protected Speech, Pa. High Court Rules

An online music video filled with violent threats directed towards two cops was a “true threat” and not protected speech under the First Amendment, the Pennsylvania state Supreme Court ruled. […]

Hate Speech: Freedom to Express the “Thought That We Hate”

Is offensive speech, and especially hate speech, protected by the First Amendment? Some protesters use profane and scurrilous language to make their point. Others like the neo-Nazis and other white […]