The Supreme Court wiped away a lower court decision upholding the stalking conviction of a Colorado man who sent hundreds of messages to a woman over Facebook.
The justices said the court had used the wrong standard in convicting the man and sent the case back down with a new test to apply to the case. The justices said it would suffice for prosecutors to show that the speaker was aware that his speech could be viewed as a threat and that the speech was reckless, even if not intentionally threatening.
Whalen was so upset she took preventative measures such as hiring extra security and even canceling some of her performances. Ultimately, she filed suit, and Counterman was found guilty of stalking and sentenced to four and a half years in prison. But his lawyers argued that the conviction violated his free speech rights.
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