The U.S. Supreme Court on Tuesday threw out the stalking conviction of a Colorado man who sent a barrage of unwanted messages to a female musician in a case involving constitutional free speech protections, ruling that prosecutors had not shown he understood the "threatening nature" of his words.
Among Counterman’s communications to Whalen were messages that read: “Was that you in the white Jeep?” and “You’re not being good for human relations. Die. Don’t need you.” Others used expletives.
Counterman, citing mental illness and delusions, argued that his messages were not intended to be threatening and were thus protected speech.
Not the guy you responded to but god damn… I can’t see that message being interpreted as anything BUT a threat. All I gotta do is declare insanity I guess.
Counterman told two of the women that “people in this position that I’m in right now have been [known] to have gone and killed people. Take nine millimeters and blow their heads off and shit like that. * * * I know where you’re all living.”13 He told another woman that he “ha[d] all your addresses and guess what? You ever heard of a letter bomber? Guess what I’ll be comin at ya with kerosene.”14
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In March 2011, a grand jury indicted Counterman for violating the federal criminal-threat statute again. 17 This time he was charged with leaving a woman a voicemail saying: “I’m coming back to New York by the way, OK? Maybe this month in March OK. I may be coming back his month or next month. I don’t know which. I’m looking forward to meeting up with you. I will rip your throat out on sight.”18
Not the guy you responded to but god damn… I can’t see that message being interpreted as anything BUT a threat. All I gotta do is declare insanity I guess.
Those were some of the most tame, to be honest.
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The man had also repeatedly made new accounts to continue messaging women after they blocked him. Multiple times.