Last week the Supreme Court issued its decision in Counterman v. Colorado, changing how the courts will interpret the “true threat” doctrine moving forward.  Counterman involved a Colorado man who was cyberstalking a local singer, and sent her hundreds of Facebook messages over a two year period.  Some were weird or borderline creepy (he once asked her “I am going to the store would you like anything?”, even though they did not really know each other), but others threatened violence (“You're not being good for human relations. Die.”).  The singer tried to block Counterman repeatedly, but he would just create new Facebook accounts and send new messages.  The messages had a significant impact on the singer’s mental health.

Counterman was eventually convicted of violating what amounted to a state anti-stalking law.  Counterman argued that he could not be prosecuted because his Facebook messages did not constitute “true threats,” and therefore…