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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.
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
In Tokyo, Skipping the Hot and New for Enduring Haunts
  + stars: | 2023-05-29 | by ( Tom Downey | ) www.nytimes.com   time to read: +2 min
Continuing my quest, I visited Fukube, another “Q Guide” favorite, located in a bustling neighborhood a couple blocks east of Tokyo Station. The main room, with just a handful of seats in front of a narrow bar counter, was full of suited salarymen. Before, I had savored the feeling each time I entered that Fukube was just as it had been since 1938. The usual images of Tokyo oscillate between two extremes: gilded metropolis of the future and repository of the aristocratic past. The “Q Guide” evokes a different, real, thoroughly proletarian and much more intriguing city, most faithfully depicted in works of art and literature that I love.
Singer-songwriter Coles Whalen performed for friends and family at an undisclosed location in March. Photo: Thomas Simonetti/The Washington Post/Getty ImagesWASHINGTON—Supreme Court justices on Wednesday questioned whether a Colorado stalking law violates the First Amendment because defendants can be convicted even if they didn’t intend to threaten victims with physical violence. The case was a textbook example of cyberstalking. Billy Counterman became obsessed with a Denver singer-songwriter, Coles Whalen, and in 2014 began texting her through Facebook Messenger, under the delusion that they were in a romantic relationship. The hundreds of messages, which kept coming even after she blocked Mr. Counterman and obtained a restraining order against him, were terrifying and drove her from performing in public, Ms. Whalen said.
WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday grappled with a convicted stalker's claim that thousands of unwanted Facebook messages he sent to a female musician in Colorado were protected speech in a case testing the limits of the U.S. Constitution's First Amendment safeguards. Rather, Counterman was convicted based on a showing that his messages would cause a "reasonable person" serious distress, a so-called objective legal standard. Counterman, citing mental illness and delusions, argued his statements were never intended to be threatening and were thus protected speech. The First Amendment prohibits the government from enacting laws "abridging the freedom of speech," but the U.S. Supreme Court has decided that the provision does not protect true threats. His appeal was rejected by the Colorado Court of Appeals.
WASHINGTON — The Supreme Court on Friday agreed to decide what kind of conduct constitutes a “true threat” that can be prosecuted as a criminal offense in a case brought by a Colorado man who repeatedly sent abusive messages to a local musician. If such messages are not true threats, they are deemed protected speech under the Constitution's First Amendment. Counterman's lawyers are asking the court to limit the definition of a true threat to situations in which the defendant intended to threaten the person. In Counterman’s case, prosecutors focused on messages he sent to Whalen on Facebook for two years starting in 2014. The conviction was upheld on appeal, prompting him to ask the Supreme Court to intervene.
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