Supreme Court Ruling Strengthens First Amendment Protections: Implications for Michigan’s Threat Speech Laws

Sep 11, 2023 | Supreme Court

In a significant legal development, the United States Supreme Court has recently issued a ruling that has far-reaching implications for individuals facing charges related to “threat speech” in Michigan. The case of Counterman v. Colorado, decided on June 27, 2023, reaffirms the fundamental importance of the First Amendment while reshaping the legal landscape for cases involving threats. In this article, we will explore the key aspects of this ruling and its impact on Michigan’s laws.

Summary of the Case

Billy Counterman sent a series of disturbing social media messages to a local musician, causing her severe emotional distress. The case revolved around whether these messages constituted “true threats” under the First Amendment. The Supreme Court, in a 7-2 decision, held that true-threat cases require a subjective mens rea standard, and the applicable standard is recklessness. In simple terms, the state must now prove that the defendant consciously disregarded a substantial risk that their communications would be viewed as threatening violence.

Impact on Michigan’s Laws

This ruling has direct implications for Michigan’s statutes that criminalize “threat speech” offenses. Laws related to assault, ethnic intimidation, and verbal threats of terrorism now require prosecutors to meet a higher burden of proof. They must demonstrate that the defendant was aware, in some way, of the threatening nature of their statements.

This shift places a greater emphasis on understanding the defendant’s subjective intent. This marks a significant departure from the previous objective “reasonable person” standard.

Protecting Free Speech

The Counterman ruling underscores the delicate balance between protecting free speech and preventing dangerous communications. While the First Amendment safeguards our right to express even controversial or unpopular opinions, it is essential to draw the line when speech crosses into the realm of genuine threats. The Court acknowledged that some true threats may go unpunished, but this decision also ensures that protected speech is protected.

Conclusion: 

The Counterman v. Colorado Supreme Court ruling is a landmark decision that strengthens First Amendment protections while redefining the criteria for true-threat cases. For individuals in Michigan facing legal issues related to threat speech, it is crucial to have experienced legal representation. Komorn Law stands ready to provide the expertise and advocacy necessary to protect your rights and defend against these charges.