U.S. Supreme Court hears Colorado social media stalking case involving Denver singer

U.S. Supreme Court hears Colorado social media stalking case involving Denver singer

The case of a Colorado man convicted of stalking a musician went before the U.S. Supreme Court on Wednesday. The case involves the Denver singer Coles Whalen and the unwanted attention she received.

That attention was from Billy Raymond Counterman. He was convicted in Arapahoe County of stalking Whalen and lost on appeal.

The US Supreme Court in Washington, DC, on April 19, 2023. -  STEFANI REYNOLDS/AFP via Getty Images

Court records state he sent her thousands of messages on Facebook.

"I've had tapped phone lines before. What do you fear?" Counterman asked. "I'm currently unsupervised. I know, it freaks me out too, but the possibilities are endless," he added.

Whalen claimed she was stalked for six years by Counterman. He first contacted her after she performed at a 2010 Gay Pride Festival in Denver with messages that included themes about her death.

The nation's highest court agreed to take the case over to address the aspects of threatening language.

The defense argued the messages are protected by free speech in the First Amendment but Colorado Attorney General Phil Weiser argued otherwise. 

"CW reasonably perceived that Counterman's conveyed a serious expression of an intent to cause unlawful physical violence. The First Amendment does not protect threats like these," said Weiser. 

The Supreme Court will deliberate on the arguments made on Wednesday. A final decision is expected sometime this summer.  

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