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COUNTERMAN v. COLORADO

No. 22-138.

143 S.Ct. 2106 (2023)

Billy Raymond COUNTERMAN, Petitioner v. COLORADO.

Supreme Court of United States.

Decided June 27, 2023.

Attorney(s) appearing for the Case

John P. Elwood , Washington, DC, for Petitioner.

Philip J. Weiser , Attorney General, Denver, CO, for Respondent.

Eric J. Feigin , Deputy Solicitor General, Washington, DC, for United States, as amicus curiae, by special leave of the Court, supporting respondent.

Megan A. Ring , State Public Defender, Mackenzie Shields Colorado State Public Defender, Denver, CO, John E Elwood , Counsel of Record, Anthony J. Franze , Kolya D. Glick , Minjae Kim *, Kathryn C. Reed , Arnold & Porter Kaye Scholer LLP, Washington, DC, William T. Sharon , Arnold & Porter Kaye Scholer LLP, New York, NY, for Petitioner.

Philip J. Weiser , Attorney General, Eric R. Olson , Solicitor General, Counsel of Record, Office of the Colorado, Attorney General, Denver, CO, Jillian J. Price , Deputy Attorney General, Joseph G. Michaels , Assistant Solicitor General, Helen Norton , Special Assistant Attorney, General, Talia Kraemer , Assistant Attorney General, Tara Leesar , Assistant Attorney General, Fellow, Olivia Probetts , Assistant Attorney General, Fellow, for Respondent.

True threats of violence are outside the bounds of First Amendment protection and punishable as crimes. Today we consider a criminal conviction for communications falling within that historically unprotected category. The question presented is whether the First Amendment still requires proof that...

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