Legal Director Jennifer Becker of Legal Momentum, an advocacy group for women, said a test that looks only to what the speaker thinks has the potential to allow gender-based violence like stalking or domestic violence.

“If you look at isolated speech or conduct, it’s hard for someone on the outside to appreciate the dangerousness,” Becker said.

She pointed to a person who opens the door to a bouquet of flowers from their abusive ex-partner. “To many people that looks like a romantic overture,” Becker said. But to someone who has experienced abusive conduct and threats, “that would be enough to be wholly traumatizing,” she said. Legal Momentum filed an amicus brief in support of Colorado.