WASHINGTON — The Supreme Court on Tuesday made it somewhat harder to prosecute online stalkers, ruling the 1st Amendment protects the free speech of those who repeatedly send unwanted and harassing messages if they lack the understanding that their words are seen as threatening.
In a 7-2 decision, the court set aside the stalking conviction of Billy Counterman, a Colorado man who sent hundreds of disturbing and alarming messages to Coles Whalen, a singer and songwriter.
In upholding the conviction, lower court judges had said a reasonable person would understand his messages would be seen as threats.
