The Supreme Court majority describes its holding last week in Counterman v. Colorado as a vindication of the First Amendment and a principled defense of free speech. Indeed, influential civil libertarian organizations were quick to celebrate the decision. ACLU attorney Brian Hauss praised the court for guaranteeing that “inadvertently threatening speech cannot be criminalized” and for “provid[ing] essential breathing room for public debate.” Foundation for Individual Rights and Expression (FIRE) attorney Jay Diaz rejoiced that “fewer prosecutors will be able to criminalize speech tomorrow than was possible yesterday” and praised the majority for “ensur[ing] that Americans would not face prosecution for parody or political commentary.”
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