Supreme Court Decision on Reckless Speech Will Cost Victims of Stalking and Harassment

If you are being watched, leave now!


June 30, 2023

Lynn Hecht Schafran, Legal Momentum's Senior Vice President, was quoted in Ms. Magazine's coverage of the latest Supreme Court ruling in the Counterman vs. Colorado case that dealt with stalking and online harassment. 


“We are disappointed that the Court did not affirm the objective standard for proving true threat and concerned, as both the United States and Colorado warned at oral argument, that any heightened standard would discourage prosecution of true threat stalking cases,” she said. “We are also relieved that the subjective standard the Court adopted was a lower recklessness standard, which will allow victims to educate the court about the context of the stalker’s behavior, explaining why the victim understands as true threat behavior which, to an onlooker, seems harmless.”