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Biderman's Chart of Coercion  Form

Biderman's Chart of Coercion Form

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The First Amendment’s Free Speech Clause safeguards a person’s right to freely express ideas without government interference. But not all speech receives First Amendment protection. In Counterman versus Colorado, we explore one type of unprotected speech, namely true threats. Billy Counterman sent hundreds of Facebook messages to C.W., a local musician whom Counterman had never met. Some of the messages contemplated violent harm befalling C.W., and others implied that Counterman was stalking C.W. As the messages persisted, they caused C.W. anxiety and prompted certain lifestyle changes. C.W. eventually informed the police. Counterman was charged with violating a Colorado law making it unlawful to repeatedly communicate with another in a manner that would cause a reasonable person serious emotional distress and did cause the recipient serious emotional distress. Counterman moved to dismiss, arguing that his messages didn’t constitute true threats and were therefore protected by th

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