Counterman v. Colorado: Implications for Survivors

This week the U.S. Supreme Court will hear oral arguments in the case of Counterman v. Colorado and consider a question related to speech that is a “true threat” and not protected by the First Amendment. This case could have important and broad implications for survivors of stalking and other forms of gender-based violence who wish to turn to the justice system to seek accountability and safety. Recognizing this, Legal Momentum, along with the National Crime Victim Law Institute, AEquitas and the Complex Appellate Litigation Group, filed an amicus (or “friend of the court”) brief joined by numerous other crime victims’ rights and anti-gender-based violence advocates.

Our brief provides the Court with expertise regarding the real harm caused to victims from threats—including those communicated through the Internet and technology—and other forms of non-physical gender-based violence as well as the real-world impact on survivors’ safety and abuser accountability that would stem from a ruling such as Counterman requests.

We’ll be watching this week’s arguments closely. For more about the Counterman case and to read our brief, visit our website.