Supreme Court clarifies when online harassment can be prosecuted

The Supreme Court on Tuesday wiped away a lower court decision upholding the stalking conviction of a Colorado man who sent hundreds of messages to a woman over Facebook.

The justices said the court had used the wrong standard in convicting the man and sent the case back down with a new test to apply to the case. The justices said it would suffice for prosecutors to show that the speaker was aware that his speech could be viewed as a threat and that the speech was reckless, even if not intentionally threatening.

The court’s move could worry those working to combat stalking in the age of social media where the internet has expanded the number of violent threats, enabling activities that include online harassment and intimidation. They fear the court’s standard could raise the bar for the government when trying to prove that a series of messages amounted to a true threat, unprotected by the First Amendment.