Supreme Court clarifies when online harassment can be prosecuted

The Supreme Court on Tuesday wiped away a lower court decision upholding the stalking conviction of a Colorado man who sent hundreds of messages to a woman over Facebook.

The justices said the court had used the wrong standard in convicting the man and sent the case back down with a new test to apply to the case. The justices said it would suffice for prosecutors to show that the speaker was aware that his speech could be viewed as a threat and that the speech was reckless, even if not intentionally threatening.