The First Amendment’s True Threats Doctrine Needs Updating. Counterman Ain’t It

Annie Seifullah and Jillian Bowen

The First Amendment of the United States Constitution protects freedom of speech, but this protection is not absolute. True threats, which our courts have identified as statements that frighten or intimidate someone into believing that they will be harmed, are an example of speech that is not constitutionally protected. Because social media, tech platforms, and smart devices are so embedded in the ways humans communicate and connect, what actually constitutes a true threat has become not only a more prevalent inquiry in our courts–but also a more difficult question to answer. 

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