In order for a person to be successfully prosecuted for making threatening statements, the government must show that they had some understanding of the threatening statements or displayed a “mental state of recklessness”, the US Supreme Court ruled on Tuesday.
The ruling in the case of <em>Counterman v Colorado</em> means it could be more difficult for people to prosecute alleged stalkers or harassers as there is a greater burden of proof beyond the “reasonable person” precedent.
