Skip to main content

The First Amendment and Criminalizing Speech

Date: March 7, 2023 1:00 pm

The Supreme Court and Circuit Courts are considering cases that raise thorny doctrinal questions about the boundaries between crime and the First Amendment, including Counterman v. Colorado regarding whether defendant’s Facebook posts constituted “true threats.” Will the Court clearly define “true threats?” What are the implications for criminalizing speech in other contexts, such as defamation?

The Supreme Court and Circuit Courts are considering cases that raise thorny doctrinal questions about the boundaries between crime and the First Amendment, including Counterman v. Colorado regarding whether defendant’s Facebook posts constituted “true threats.” Will the Court clearly define “true threats?” What are the implications for criminalizing speech in other contexts, such as defamation?