The Supreme Court has clarified the subjective component of the "true threats" test, making the First Amendment's exception for true threats a bit clearer

https://popehat.substack.com/p/supreme-court-clarifies-true-threats

Supreme Court Clarifies "True Threats" First Amendment Exception

Fine, Stop Whining, We'll Explain, Court Says

The Popehat Report

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In light of the difficulty of proving a threat, should the Colorado case have proceeded under a different charge, such as harassment? Or would any such charge be subject to a first amendment defense?

If someone inundates another person with unwelcome (but non-threatening) communication, is it actionable?