There are numerous situations where people may face criminal charges due to stalking or harassment. Due to the ever-increasing use of digital technology and social media, many of these cases involve claims that a person posted messages online that caused others to fear for their safety. These cases sometimes involve issues that are difficult to resolve, since people may claim that they are exercising their right to free speech. The ways these matters are addressed can differ depending on state laws, and whether messages may be considered harassment is not always clear. However, the Supreme Court may soon offer some clarity on this issue, as it is scheduled to hear a case involving online harassment.
When Are Threatening Messages Considered to Be Harassment?
The case in question, Counterman v. Colorado, involved a man who was convicted under a Colorado law that prohibits sending repeated communication to a person in a manner that would cause them to experience emotional distress. The defendant in this case was accused of stalking a singer-songwriter over a period of several years. Even after being blocked repeatedly, he created new social media accounts and continued to communicate with the alleged victim, with many messages seeming to convey threats. The defendant was convicted of stalking and sentenced to 4.5 years in prison.
Notably, the applicable law in Colorado does not require proof that a person intended to cause distress or harm. If a person's actions or the messages they sent would cause someone to reasonably fear for their safety, the person may be convicted of stalking. Even if no direct threats were expressed, the totality of the person's conduct, such as multiple messages sent over a long period of time, may be considered to determine whether this conduct would reasonably cause an alleged victim to fear that they could suffer harm.
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