The Supreme Court issued a ruling on June 27 in Counterman v. Colorado, holding that a speaker’s subjective intention must be considered when determining whether speech is a “true threat” and thus punishable notwithstanding the First Amendment. The decision requires that a speaker must have been aware of the “threatening character” of the speech but delivered it anyway, and was thus reckless in their actions. The holding will limit protections for victims of stalking, verbal abuse and online harassment and increase the burden on prosecutors who must now provide evidence of the speaker’s state of mind.

The Court’s decision will have a disproportionate impact on the mostly female victims of stalking and verbal abuse who turn to the legal system for protection.