, that she was terrified by Counterman’s relentless pursuit. She said she never knew if her stalker would be in the crowd at her performances. It affected her mental health, caused her to cancel concerts and hampered her career and even caused her for a time to quit, she said.When she blocked Counterman from her Facebook page, which she used to publicize her appearances and her work, he formed new profiles and continued the messages for years.
Whalen eventually sought help from a lawyer, who researched Counterman’s background and told her of his previous convictions. “I was already scared, but then I was terrified,” Whalen said in the interview. “I thought, ‘Why did I wait so long?’”reversed the conviction of a Pennsylvania man who had made violent and graphic statements against co-workers and his estranged wife. Anthony Elonis said his postings were therapeutic rants. The court found that federal law required more evidence about Elonis’s intent but left the First Amendment question unsettled, opening the door for this lawsuit.
The court’s interest involved the question of when statements, especially those made online, can be considered “true threats” not protected by the First Amendment. Read this article paywall free: