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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsChief Justice John Roberts' Mockery of Stalking Victims Points to a Deeper Problem
https://slate.com/news-and-politics/2023/04/counterman-colorado-supreme-court-threats-stalking.htmlStalking is so closely correlated with lethal violence that experts refer to it as slow motion homicide: More than half of all female homicide victims in the U.S. were stalked before they were killed. Despite the terrifying and dangerous consequences, many victims of stalking do not report the abuse to law enforcement for fear they will not be taken seriously.
The reasonableness of that fear was vividly illustrated by the Supreme Court oral arguments in Counterman v. Colorado on Wednesday morning, as members of the highest court of the land joked about messages sent by a stalker to his victim, bemoaned the increasing hypersensitivity of society, and brushed aside consideration of the actual harm of stalking to focus on the potential harm of stalking laws.
For nearly two years, Billy Raymond Counterman sent thousands of unsolicited and unwanted Facebook direct messages to C.W., a local musician, ultimately driving her to abandon her career and leave the state. Counterman, who had previously served time in federal prison for making violent threats against his ex-wife and her family, argues that his conduct towards C.W. was free speech protected by the First Amendment. Counterman maintains, supported by amicus briefs from influential civil libertarian organizations such as the ACLU, the EFF, and FIRE, that stalking cannot be criminally prohibited except when the government can prove that the stalker subjectively intended to terrify his victim. The state of Colorado, supported by amicus briefs from First Amendment scholars, stalking experts, and domestic violence victim advocates, argues that it is enough to prove that the stalking would be terrifying to a reasonable person in light of the totality of the circumstances. If the court rules in Countermans favor, delusional stalkingno matter how objectively terrifying or threateningwill be transformed into an inviolable constitutional right.
During oral argument, Chief Justice John Roberts quoted a handful of the thousands of unsolicited messages Counterman sent to C.W. Staying in cyber life is going to kill you, Roberts read aloud. After a pause, he joked, I cant promise I havent said that, prompting laughter from other justices and the audience. Picking out another message, which he described as an image of liquor bottles captioned as a guys version of edible arrangements, Roberts challenged Colorado Attorney General Phil Weiser to say this in a threatening way, leading to more laughter from the court. And the laughs didnt stop there: Countermans attorney, John Elwood, shared with the court that his mother would routinely tell him to drop dead as a child, but you know, I was never in fear because of that.
*snip*
Joinfortmill
(14,525 posts)calimary
(81,610 posts)And I bet they can access all the protection they want, with us taxpayers picking up the tab.
But these schmucks dont seem to like rendering verdicts with compassion so why should we even expect it from them?
peppertree
(21,733 posts)You have to throw coins in the slot, to - maybe - get something back.
Scrivener7
(51,093 posts)MagickMuffin
(15,984 posts)Protecting themselves. As I recall this happened recently although no stalking was involved only protests outside of their houses.
But hey ladies the jokes on us obviously!
Irish_Dem
(48,130 posts)While women stalked, harassed and murdered are on their own.
BigMin28
(1,186 posts)and then dismissed.
Irish_Dem
(48,130 posts)GopherGal
(2,010 posts)[link:https://www.goodreads.com/quotes/7585201-when-i-m-sometimes-asked-when-will-there-be-enough-women|]
Stuff like this is why the perspective provided by a little diversity on the court is needed.
SunSeeker
(51,816 posts)Was ignoring Obama's hint that she retire in 2013 while we still controlled the Senate and White House. It can be argued that Roe v. Wade probably wouldnt have been overturned if Obamas lunch with Ginsburg had convinced her to retire. https://www.nationalreview.com/corner/ruth-bader-ginsburgs-unexpected-legacy/
bucolic_frolic
(43,547 posts)This case and these conservatives and the repeated strategy has handed us the word hypersensitivity. Conservatives bludgeon us with it and then use the hypersensitive strategy with impunity. Conservatives are offended so we have to remove our books and hide lgbtq people. Yet we should accept stalking as normal and welcome, if we don't we are hypersensitive.
It will come full circle. Some of those stalked will eventually stand their ground. They are being pushed in that direction by stupid conservatives on the Supreme Court.
mopinko
(70,394 posts)showed up at beer boys house.
RussBLib
(9,061 posts)...but we knew this SCOTUS was already trashing norms. So harassment becomes free speech? Surely (I am assuming) the female involved asked and told Counterman to stop it, cut it out, quit contacting me, but persisting in the messages is free speech?
That is a dangerous road. Disturbing that the SCOTUS is laughing about it.
orleans
(34,099 posts)i am horrified and disgusted by their douchebaggery comments and "jokes"
and if the three "liberal" judges didn't speak up i am disgusted by that as well; silence can appear as condoning this shit behavior
after reading this i have lost all respect for the supreme court
their word final word is shit
i can just imagine what those smarmy assholes had to say about dobbs, women's health - rape/incest - abortion.
ecstatic
(32,808 posts)couldn't get any lower, I read this. And Roberts is supposed to be one of the good ones?
On top of everything else you mentioned, it's sad and tragic that we have people like this in powerful positions. First they dictate what we can do with our bodies, now they're protecting stalkers (who could potentially rape and impregnate their victims).
stopdiggin
(11,417 posts)the 'norm' has been a fairly expansive view of speech.
(leaving the particulars of this case aside - and acknowledging that stalking represents a true harm, that states probably ought to have some means of protecting against)
gratuitous
(82,849 posts)From a bunch who assailed any questioning of their record as a high tech lynching. Another who practically broke down because his wife didn't like the questions he was being asked. A third who went on an "I like beer" tirade when his past as a blackout drunk and serial rapist came up despite the former guy's administration's best efforts to cover it up.
Mad_Machine76
(24,464 posts)but stuff like stalking and threatening simply shouldnt be tolerated. What is the debate here?! Sociopaths
Zeitghost
(3,896 posts)Stocking gets complicated. My wife dealt with it for years from an ex. Nothing illegal, just unwanted contact and following. Cops could never really do anything beyond enforcing trespass warnings on private property. It was threatening in nature but not explicitly so. I dealt with the issue quickly after we began dating.
Mad_Machine76
(24,464 posts)I dont think anybody should have to put up with and Ive never heard a situation where it is benign
Zeitghost
(3,896 posts)It just doesn't always meet the legal definition or threshold for criminal threats. And that's a complex legal issue.
orleans
(34,099 posts)He was clever enough to know the limits of the law. Never made explicit threats, never violated trespass warnings on private property (her home and family business).
Taken as a series of singular events, he never did anything illegal or even anything all that horrible. Taken as a whole and with the context of the history they had and that he knew she did not want the attention, it was bad. But it's hard for the law to codify such things. Especially when the perpetrator is smart enough to know what they can and can not get away with.
MarcA
(2,195 posts)when those institutions of society don't do their job in protecting us. They can become convinced that their purpose is for society to support them.
dchill
(38,633 posts)... = qualified for CJ SCOTUS.
Lonestarblue
(10,178 posts)That Roberts and others turned it into a laugh session is truly disgusting. They would be the first to demand protection from someone stalking any of them, but since its just women its a matter for laughter.
BeerBarrelPolka
(1,202 posts)I'm a man. I've been stalked by 3 different women in my life.
not fooled
(5,807 posts)trolling by maggots and russian bots?
A guy's gotta do what a guy's gotta do (to facilitate minority rule).
Marthe48
(17,145 posts)He can share the blame, or take full responsibility for the tarnish on the reputation of the (formerly) s.c. He is as venal, porcine, unprofessional, and fascist as the other improperly seated, unelected, unwanted, unpopular fascist majority.
He is worse, because he got a head start on reversing the peoples' will, the peoples' Constitution, the peoples' country. His name should be robber.
milestogo
(16,829 posts)JudyM
(29,294 posts)Disgusting lack of insight and even simple humanity on that court. This is their public behavior; just imagine their convos behind the scenes.
ShazzieB
(16,671 posts)I really feel for Sonia, Elena, and Ketanji, having to work with those bastards as part of an institution that has had its reputation and standing repeatedly tarnished by the behavior of those jerkfaces.
flashman13
(687 posts)Just another example of Repug hypocrisy. They don't want to teach children about racism, real history, or fact based sex education because it might, "make them feel uncomfortable". But it's perfectly OK for pervos to stalk women no matter how uncomfortable it makes them. I guess being stalked or bullied is the price you pay simply for being born female.
Turbineguy
(37,422 posts)So they'll do it.
WestMichRad
(1,350 posts)What assholes, indeed.
Hekate
(91,055 posts)Ive tried to add something cogent 2 or 3 times, but horrifying covers it all.
intheflow
(28,521 posts)And even then, it only sees (recognizes as legit) certain kinds of men. It boggles the mind how small and awful these powerful men are.
Timeflyer
(2,054 posts)Why should women have to live like hunted prey animals, living in fear and hiding because they haven't been physically attacked yet?
onecaliberal
(33,014 posts)Women cant fear anything. Fuck the patriarchy.
Hortensis
(58,785 posts)txwhitedove
(3,934 posts)home from the grocery store just because you caught their eye when you laughed at a silly vegetable, that's just funny? It was but wasn't, stopped at a friend's to have them follow me home. Is a complete stranger following you 10 miles after midnight from a bar funny. The clerk at well lit 7-Eleven agreed with me when I stopped to shake the guy. Is it funny when stranger keeps calling your phone to make sexual suggestions? Shouldn't the intrusion, the threat be implied?
Pepsidog
(6,254 posts)what a reasonable person standard would understand the words to mean. Roberts and crew are talking about overly-sensitive people who, by definition, are not reasonable persons in this instance. What is more important, the intent of the defendant or how the victims perceived the unwanted communication? What is equally disturbing is this line in the story, progressive justices did little to push back against the chief justices snickering tone. What a Fed up SCOTUS we have. And, generally I support the ACLU but it seems to be on the wrong side of the case here
NullTuples
(6,017 posts)I get why they do it, and it's often important. But sometimes it seems like they also hand harmful people a get out of jail free card with the privileged assumption that Congress will fix the law involved ASAP. And that is sometimes just a hair away in a very practical sense from the GOP abusing loopholes because they know Congress is in no condition to fix them, thanks to the GOP's own machinations.
https://www.aclu.org/cases/counterman-v-colorado
Pepsidog
(6,254 posts)orleans
(34,099 posts)i'm so fucking mad about this.
H2O Man
(73,715 posts)Like ..... I am trying to clear my mind of anger. But this is outrageous. As I heard a gentleman on the news say, "This isn't 1923. It is 2023." And that applies to a growing trend in far too many places. But to have this from the USSC is way wrong.
NullTuples
(6,017 posts)Individually, each message - or at least the ones he read - are reasonably benign. But taken as a set they comprise a form of harassment intended to exert control over the victim.
I cant promise I havent said that, indeed, only it's not a "joke" at all. It's despicable behavior from a judge and more so from the Chief Justice of the USA.
quaint
(2,604 posts)KT2000
(20,607 posts)Trying to help a friend who has severe mental illness, I looked around to find why commitment is so difficult. ACLU plays a big part for their cases that limit what anyone can do. For those restrictions my friend is somewhere, homeless at 73 with possible dementia or schizophrenia. Whew - good thing her rights are intact. She can continue to think drug lords are after her, that her ex-neighbor is trying to blind her with lasers and more. She no longer has any concept of reality, but she is not a harm to herself or others - she is now a victim.
Susan Calvin
(1,657 posts)Public free speech, it seems to me, is not the same thing as deliberately terrorizing an individual.
harumph
(1,923 posts)long as it's just "light hearted stalking."
Rebl2
(13,619 posts)Like you say, light hearted stalking
Midnight Writer
(21,878 posts)Just like Tucker's "reveal" of Jan 6.
Of course, if someone endlessly harassed Judge Roberts or invaded the home of Tucker Carlson to shit on his floor, they would not be laughing.
Orrex
(63,295 posts)No doubt hed laughingly champion his assailants first amendment rights.
There is no good KKKonservative, full stop.
Im told that good conservatives used to exist, but if so then that time is long gone and unlikely to return.
EndlessWire
(6,580 posts)"...Countermans attorney, John Elwood, shared with the court that his mother would routinely tell him to drop dead as a child, but you know, I was never in fear because of that.
And they laughed?
What's wrong with these people?
The ACLU supported this nonsense? Good to know...
vanlassie
(5,695 posts)a crazy stalker
DFW
(54,520 posts)That is asking an exterminator to be reasonable with respect to the rights of insects.
Both are wishful thinking.
Warpy
(111,476 posts)Stalkers are mentally ill, delusional, living a fantasy life they've hung someone else's picture on. The victim can't do anything right, any actions are taken as proof by the stalker that they're playing hard to get, just like in the movies. If they go off script by calling the cops, the stalker gets enraged, how dare they? The victims are always going off script, they've never seen the script.
Stalkers don't even have to know their victims. David Letterman had a serious stalker who broke in several times until the cops finally caught her. She was getting her love messages through the TV.
Stalkers damage your property, threaten your job, and fuck up your life.
Roberts is one obsessed nutball away from understanding that.
BeerBarrelPolka
(1,202 posts)I've been stalked by three women in my life. Two of them were destructive and disruptive beyond belief.
Evolve Dammit
(16,818 posts)ancianita
(36,238 posts)Of all femicide cases in high-income countries, 70% occur in the U.S.
To put that into perspective, on a global scale, the U.S. ranks 34th for intentional female homicides at a rate of 2.6 killings per 100,000 women...
The link between gender and violence in the U.S. becomes even more apparent when looking at the demographics of male homicides. Men are significantly more likely to be killed by a stranger than women; strangers kill 29% of male homicide victims compared to only 10% of female victims. And while it is true that some men are murdered by their female partners, intimate partner violence accounts for only about 5% of male homicides. Too often, these occur in the context of women acting in self-defense against their abusive male partners.
Furthermore, when compared to male homicides, femicides tend to be more violent and intimate in nature women are less likely than men to be killed in a shooting, but more likely to be beaten, stabbed, or strangled.
Trans women and women of color face a disproportionate risk
When considering femicide and its implications, we must acknowledge the barriers and disparities affecting marginalized women and how these increase the risk of violence.
Though femicide is a pervasive problem for all women, the reality for women of color is even bleaker men are murdering Black women and girls at a rate almost three times higher than white women.
For indigenous women and girls, the homicide rate is six times higher than it is for their white counterparts, and current or former partners are responsible for 94% of those homicides.
Despite being murdered at higher rates, Black and brown murdered and missing women are not receiving the same media attention and resources as white women.
SCOTUS acts like the typical RW Republican -- loss, harm, and damage doesn't matter until it hits THEM.
Freethinker65
(10,118 posts)Against peaceful, but often loud and persistent protesters because the justices now feel threatened by all protests against them.
Ruby the Liberal
(26,219 posts)of someone siting a vigil outside their homes.
Cha
(298,116 posts)Fucking Idiot.
And that's what passes for a "Chief Justice" of the SCOTUS.
Trueblue Texan
(2,454 posts)...when protestors came to his neighborhood all the more pathetic.
love_katz
(2,595 posts)Bristlecone
(10,152 posts)Something so invasive and threatening. He is a bad person who, like many others in that court, seem to be getting worse.
mountain grammy
(26,676 posts)six of these so called Justices do not belong on the court as they are compromised and flawed. At least three outright lied during confirmation hearings or otherwise just did not tell the truth. They sit on the Court for the all the reasons Senator Sheldon Whitehouse will tell you so I don't have to. So they are not skilled, competent or thoughtful judges. They are the opposite and have been put in place for a reason and that reason is to change our very culture and our very beliefs in the meanings of freedom.
Like most authoritarian countries, the most corrupt rise to the top.
For now, the majority of Americans are rejecting this crap. For now.
This is a disturbing case, and the reactions of the Justices is terrifying.
70sEraVet
(3,553 posts)But if a woman is fearful because a guy stalks her, its just all a big joke.
race bannon
(9 posts)How out of touch can a justice be.
It's like he doesn't grasp the magnitude and importants of every case that makes it to the Supreme Court.
Expand the SCOTUS
Mandatory oversite
Limit the length of terms
Age out justices
sheshe2
(84,086 posts)Wingus Dingus
(8,059 posts)No wonder she was too afraid to appear in public as a performer. How sad that she had to give up her artistic life to find any chance for peace and safety. That's just so funny, isn't it, Justice Roberts? Yuk yuk yuk...
MustLoveBeagles
(11,690 posts)czarjak
(11,345 posts)orleans
(34,099 posts)because the SCOTUS is a fucking joke and the players are pieces of shit
spanone
(135,951 posts)Farmer-Rick
(10,242 posts)Not a Supreme court as described by the US Constitution anyway.
There are only 6 very hateful people, out voting 3 rational people, acting as dictators and abusers of American citizens.