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Subjective Intent Standard in Stalking Cases
Proving intent in stalking cases is challenging as stalkers often believe their actions are welcomed by the victims. The transition from perceived affection to violence can be sudden, leading many stalking cases to transform into homicides. The focus on subjective intent in defining free speech in such cases is unsettling, as it prioritizes the aggressor over the victim. Upholding the First Amendment principle in these instances may not always protect the rights of all individuals involved.