What Counterman Means for Prosecuting Trump Over Jan. 6

Earlier today, the Supreme Court issued its opinion in Counterman v. Colorado​, holding that when a defendant is prosecuted for communicating a violent threat, the government must establish that the defendant understood, even if they did not specifically intend, that their communication would likely be perceived as threatening. Counterman is an important First Amendment decision generally, but for our purposes here at Lawfare, …