The Supreme Court ponders when a threat is really a 'true threat'

Singer-songwriter Coles Whalen's legal battle has reached the Supreme Court. At issue is whether invasive messages sent to her over a number of years constitute a "true threat" in the eyes of the law. (Thomas Simonetti via Coles Whalen)

The Supreme Court on Wednesday revisits a question the court has never answered: When is a threat a "true threat?" What does the prosecution have to prove? Does it have to show that the defendant intended to frighten his target, or is it enough to show that his words would have that effect on a reasonable person?

The case involves Coles Whalen, a singer-songwriter from Colorado, and Billy Counterman, a man convicted and sentenced to four-and-a-half years in prison for "stalking" Whalen and making "true threats" against her.