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Billy Raymond Counterman, Petitioner v. Colorado

Docket 22-138, Supreme Court of the United States (Aug. 11, 2022)
Petitioner Billy Raymond Counterman
Respondent Colorado
Other Coles Whalen
...
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Judgment VACATED and case REMANDED Kagan

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Judgment VACATED and case REMANDED Kagan (U.S. Jun. 27, 2023)
The first dispute here is about whether the First Amendment nonetheless demands that the State in a true- threats case prove that the defendant was aware in some way of the threatening nature of his communications.
3 Nonethe- less, under such a standard, there will be some speech that some find threatening that will not and should not land anyone in prison.
None of the other opinions, however, identify a historical case that expressly raised the question whether a subjective mens rea is re- quired and held that it is not.
None of these warrants expanding the narrow boundaries of true threats.
Nonetheless, the Court adopts a subjective standard, though not quite the one advanced by Counterman.
And it acknowledges that “[w]hen the statement is understood as a true threat, all the harms that have long made threats unprotected naturally follow.” Ibid. None- theless, the Court holds Colorado’s statute unconstitu- tional.
Juries must apply the fol- lowing nonexhaustive factors to determine whether a statement is a true threat: “(1) the statement’s role in a broader exchange, if any, including 9 Cite as: 600 U. S. (2023) BARRETT, J., dissenting Our decision ...
In keeping with this convention, we generally presume that “federal criminal statutes that are silent on the required mental state” nonetheless impose the “mens rea which is necessary to separate wrongful conduct from otherwise ...
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Judgment and mandate issued - Main Document

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Judgment and mandate issued, Main Document (U.S. Jul. 31, 2023)
Counterman, recover from Colorado, Sixteen Thousand, Three Hundred Seventy-eight Dollars and Five Cents ($16,378.05) for costs herein expended.
Plaintiff – Appellee v. BILLY RAYMOND COUNTERMAN, Defendant – Appellant, No. 17CA1465, was submitted to the SUPREME COURT OF THE UNITED STATES on writ of certiorari and the response thereto.
IT IS FURTHER ORDERED that the petitioner, Billy Raymond Counterman,
recover from Colorado, Sixteen Thousand Three hundred Seventy Eight Dollars and Five Cents ($16,378.05) for costs herein expended.
Witness the Honorable JOHN G. ROBERTS, JR., Chief Justice of the United States, the 27th day of June, in the year Two Thousand and Twenty-Three.
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Reply of petitioner Billy Raymond - Main Document

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Reply of petitioner Billy Raymond, Main Document (U.S. Apr. 7, 2023)
Incitement thus offers “strong support for * * * a subjective element (intent) in the analysis of ‘true threats.’” Ibid. The State nonetheless argues that the categories are dissimilar because true threats “inflict direct harm on their target” by ...
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Reply of petitioner Billy Raymond - Proof of Service

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Reply of petitioner Billy Raymond, Proof of Service (U.S. Apr. 7, 2023)
I HEREBY CERTIFY that on April 7, 2023, three (3) copies of the REPLY BRIEF FOR THE PETITIONER in the above-captioned case were served, as required by U.S. Supreme Court Rule 29.5(c), on the following:
950 Pennsylvania Avenue, N.W.
1115 H Street, N.E.
District of Columbia My commission expires March 14, 2028 .
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Reply of petitioner Billy Raymond - Certificate of Word Count

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Reply of petitioner Billy Raymond, Certificate of Word Count (U.S. Apr. 7, 2023)
As required by Supreme Court Rule 33.l(h), I certify that the document contains 5,997 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.l(d).
I declare under penalty of perjury that the foregoing is true and correct.
Sworn to and subscribed before me this 7th day of April 2023.
District of Columbia My commission expires March 14, 2028.
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Brief amici curiae of First Amendment - Certificate of Word Count

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Brief amici curiae of First Amendment, Certificate of Word Count (U.S. Mar. 31, 2023)
No. 22-138 In the Supreme Court of the United States
Pursuant to Supreme Court Rule 33.1(h), I hereby certify that, according to the word-count tool in Microsoft word, the Brief of First Amendment Scholars as Amici Curiae in Support of Respondent contains 7,736 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 31, 2023.
Box 1784 Madison, WI 53701 608.256.0226 Counsel for Amici Curiae
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Brief amici curiae of Lawyers Committee - Proof of Service

Document Billy Raymond Counterman, Petitioner v. Colorado, 22-138, Brief amici curiae of Lawyers Committee, Proof of Service (U.S. Mar. 31, 2023)
Supreme Court of the Anited States
I HEREBY CERTIFYthatall parties required to be served, have been served,on this 31* day of March, 2023, in accordance with U.S. Supreme Court Rule 29.3,three (3) copies of the foregoing BRIEF OF LAWYERS’ COMMITTEE FOR CIVIL RIGHTS
IN SUPPORT OF RESPONDENTbyplacingsaid copies in the U.S. mail, first class postage prepaid, addressedaslisted below.
:oototto, oe.. ites5: c a SEXP, -06/14/2025Pes ane ayBw , ‘s: OrbEOS ‘1 Arya % as
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