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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

Colorado , 600 U.S. _ (2023), the U.S. 18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mens rea.