Home AG Jason Miyares: ‘Constant, repeated threats of violence have to be taken seriously’
Local

AG Jason Miyares: ‘Constant, repeated threats of violence have to be taken seriously’

Chris Graham
supreme court
(© SeanPavonePhoto – stock.adobe.com)

A bipartisan coalition of 26 state attorneys general filed an amicus brief with the U.S. Supreme Court today supporting efforts at the state level to protect people from violent threats.

The brief was filed in support of Colorado in Counterman v. Colorado, which is pending with the Supreme Court. The case involves a Colorado man who was convicted of stalking a local singer-songwriter after he sent her threatening messages, including death threats, over the course of two years.

The question before the Supreme Court is whether the man’s statements were protected speech and could not be used to convict him. The man argues that a state is required in a criminal case to prove that he intended to frighten the victim; whereas, Colorado argues a jury can look to context to determine whether the threat was a so-called “true threat.”

“As Attorney General, my number one priority is the safety of Virginians. Constant, repeated threats of violence have to be taken seriously,” said Virginia Attorney General Miyares, who joined with the AG coalition in the amicus brief.

Miyares and the coalition argue the First Amendment does not protect statements that an objectively reasonable person would understand as being serious threats to inflict violence. States have used an objective standard to regulate threats, both civilly and criminally. For example, this objective standard has been important to states’ ability to protect students from threatened school shootings, abuse victims from threatened domestic violence, and individuals of all backgrounds from threats of hate crimes.

In the brief, Miyares and the coalition explain that states sometime use subjective standards, such as requiring proof of a speaker’s intent to threaten, before enforcing a penalty. However, the choice to use a subjective or objective standard has always been left to the states since they can address policy concerns and local needs.

Miyares argues that if the First Amendment is interpreted to always require a subjective standard, it could jeopardize a range of important state laws.

Multimedia

 




Chris Graham

Chris Graham

Chris Graham is the founder and editor of Augusta Free Press. A 1994 alum of the University of Virginia, Chris is the author and co-author of seven books, including Poverty of Imagination, a memoir published in 2019. For his commentaries on news, sports and politics, go to his YouTube page, TikTok, BlueSky, or subscribe to his Street Knowledge podcast. Email Chris at [email protected].

Latest News

usps united states post office mail carrier mailbox
Trump's America

Warner, Kaine sign on to effort to challenge USPS takeover of mail-in ballots

school classroom
Local

Waynesboro gets small, almost nothing, grant from state for school security

Before you get too upset about how little Waynesboro is set to get from the 2026-27 School Security Equipment Grant program, keep in mind, the applications would have been filed weeks ago.

beth macy ben cline
Trump's America

Ben Cline goes solo, as planned, at Salem Rotary Club event: Where’s the beef?

Ben Cline is trying to claim that Beth Macy failed to show up for a second time to a “scheduled debate” of Sixth District congressional candidates, which, in fact, he scheduled to be a solo from the jump.

uva football entrance
UVA Football

UVA Football: Breakdown of the depth chart for Week 2 game with Norfolk State

Isiah D. Crawford
Local

Waynesboro: Teen held on charges related to shooting at Sunset Park

Old Order Mennonite
Region/State

Old Order Mennonite families from the Valley have begun an exodus to Esmont

tom perriello john mcguire
Trump's America

Perriello campaign scores political point with jab at McGuire over Trump convention