As Attorney General, I am committed to doing all I can to protect victims. That work includes defending Colorado’s stalking law before the U.S. Supreme Court in Counterman v. Colorado.
In Counterman v. Colorado, the Court created a First Amendment defense for a threatening stalker, enabling him to escape liability for objectively terrifying conduct. Notably, the Court ruled that a stalker must have some awareness that the victim would experience the stalker’s conduct as threatening in order to be held liable for such conduct.
Consider the impact on C.W., the woman who was stalked in the Counterman case. She received over 1,000 messages from the stalker, many of which were downright scary. This terrifying situation led her to abandon her career, suffer mental health harms, and ultimately move out of state. Stalking, moreover, is a harbinger of further trauma. Research demonstrates that stalkers all too often—particularly in the domestic violence context—escalate their conduct into physical violence if left unchecked.
In Counterman, the Court not only got it wrong on the law, but it failed to recognize the impact of its decision on real people—our family, friends, and neighbors. As we continue to protect victims, we will redouble our efforts to protect the vulnerable among us.
