He was found guilty in a 2017 trial of stalking Whalen and sentenced to 4-1/2 years in prison as he pursued his First Amendment appeal. The Colorado stalking law did not require proof of a speaker's subjective intent to intimidate. Whalen has described the messages from Counterman, which came to her over a two-year span beginning in 2014, as life-threatening and life-altering. Among Counterman's communications to Whalen were messages that read: "Was that you in the white Jeep?" His appeal was rejected by the Colorado Court of Appeals.

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Persons: Elena Kagan, Billy Counterman's, Coles Whalen, Kagan, John Elwood, Elwood, Counterman, messaged Whalen, Whalen, Joe Biden's, John Kruzel, Will Dunham Organizations: U.S, Supreme, Counterman, Facebook, Colorado, of Appeals, Thomson Locations: Colorado, Denver, Colorado's