True Threat
A serious expression of intent to commit unlawful violence against a specific person or group, which falls outside First Amendment protection.
True threats are statements in which the speaker means to communicate a serious expression of intent to commit unlawful violence against a particular individual or group of individuals. True threats fall outside First Amendment protection.
The doctrine distinguishes true threats from: - Political hyperbole ('We're going to fight for this bill') - Conditional statements that are obviously not serious - Artistic expression that addresses violence without threatening specific individuals - Statements that the speaker does not intend as threats
In Counterman v. Colorado (2023), the Supreme Court held that prosecuting speech as a true threat requires proof that the speaker was at least reckless about whether the communication would be understood as threatening. A purely objective standard — asking only whether a reasonable person would find the statement threatening — is insufficient.
Online harassment frequently raises true threats questions. The scope of the doctrine in the context of social media posts, especially those directed at public figures or made in political contexts, continues to be contested in lower courts.