Counterman v. Colorado

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-138	Colo. App.	Apr 19, 2023	Jun 27, 2023	7-2	Kagan	OT 2022

Holding: To establish that a statement is a "true threat" unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements" threatening nature, based on a showing no more demanding than recklessness.

Judgment: Vacated and remanded, 7-2, in an opinion by Justice Kagan on June 27, 2023. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined as to Parts I, II, III-A, and III-B. Justice Thomas filed a dissenting opinion. Justice Barrett filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

Justices throw out Colorado mans stalking conviction in First Amendment dispute (Amy Howe, June 27, 2023)
Justices hear true threat protected speech case (Amy Howe, April 20, 2023)
Colorado mans First Amendment challenge will test the scope of protection for threatening speech (Amy Howe, April 18, 2023)
Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test (John Elwood, December 7, 2022)
What mental state is required for making a prohibited true threat? (John Elwood, November 30, 2022)
Two petitions probe permissible evidence in convictions and sentencing (Kalvis Golde, September 2, 2022)

Date	Proceedings and Orders (key to color coding)
06/27/2022	Application (21A873) to extend the time to file a petition for a writ of certiorari from July 10, 2022 to September 8, 2022, submitted to Justice Gorsuch.
06/29/2022	Application (21A873) granted by Justice Gorsuch extending the time to file until August 9, 2022.
08/09/2022	Petition for a writ of certiorari filed. (Response due September 12, 2022)
08/17/2022	Motion to extend the time to file a response from September 12, 2022 to October 12, 2022, submitted to The Clerk.
08/18/2022	Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2022.
09/12/2022	Brief amicus curiae of Cato Institute filed.
09/12/2022	Brief amicus curiae of The Rutherford Institute filed.
10/12/2022	Brief of respondent Colorado in opposition filed.
10/26/2022	Reply of petitioner Billy Raymond Counterman filed.
11/02/2022	DISTRIBUTED for Conference of 11/18/2022.
11/28/2022	DISTRIBUTED for Conference of 12/2/2022.
12/05/2022	DISTRIBUTED for Conference of 12/9/2022.
01/03/2023	DISTRIBUTED for Conference of 1/6/2023.
01/09/2023	DISTRIBUTED for Conference of 1/13/2023.
01/13/2023	Petition GRANTED.
01/31/2023	SET FOR ARGUMENT on Wednesday, April 19, 2023.
02/08/2023	Record requested from the Court of Appeals of Colorado.
02/21/2023	Register of actions and briefs received from Court of Appeals of Colorado. Record request also transmitted to trial court.
02/22/2023	Brief of petitioner Billy Raymond Counterman filed.
02/22/2023	Joint appendix (3 volumes) filed. (Statement of costs filed)
02/28/2023	Electronic record transmitted from Arapahoe Combined Court (Colorado).
02/28/2023	Brief amici curiae of Cato Institute, et al. filed.
03/01/2023	Brief amici curiae of Southwestern law student Elena Cordonean, et al. filed.
03/01/2023	Brief amicus curiae of Foundation for Individual Rights and Expression filed.
03/01/2023	Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
03/01/2023	Brief amici curiae of Electronic Frontier Foundation, et al. filed.
03/01/2023	Amicus brief of American Civil Liberties Union, et al. In Support of Petitioner. not accepted for filing (Corrected version to be submitted--March 03, 2023).
03/01/2023	Brief amici curiae of American Civil Liberties Union, et al. filed (Mar. 8, 2023).
03/01/2023	Brief amicus curiae of Human Rights for Kids filed.
03/06/2023	Brief amicus curiae of Jack Jordan in support of neither party filed.
03/06/2023	Brief amicus curiae of Alliance Defending Freedom in support of neither party filed.
03/24/2023	CIRCULATED
03/24/2023	Brief of respondent Colorado filed. (Distributed)
03/30/2023	Brief amici curiae of Legal Momentum, et al. filed. (Distributed)
03/30/2023	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
03/31/2023	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
03/31/2023	Brief amici curiae of First Amendment Scholars, Evelyn Douek, et al. filed. (Distributed)
03/31/2023	Brief amicus curiae of the United States filed. (Distributed)
03/31/2023	Brief amicus curiae of Coles Whalen filed. (Distributed)
03/31/2023	Brief amici curiae of First Amendment Scholars, Dean Erwin Chemerinsky, et al. filed. (Distributed)
03/31/2023	Brief amici curiae of National Family Violence Law Center; et al. filed. (Distributed)
03/31/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/31/2023	Brief amici curiae of Illinois, et al. filed. (Distributed)
04/07/2023	Reply of petitioner Billy Raymond Counterman filed. (Distributed)
04/14/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/19/2023	Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: Philip J. Weiser, Attorney General, Denver, Colo.; and Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/27/2023	Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Jackson, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined as to Parts I, II, III–A, and III–B. Thomas, J., filed a dissenting opinion. Barrett, J., filed a dissenting opinion, in which Thomas, J., joined.
07/31/2023	Judgment and mandate issued.