Supreme Court ruling raises new questions about future of stalking cases in Florida


Coles Whalen, an up-and-coming singer and songwriter, faced a dramatic upheaval in her life due to a stalker whose conviction was eventually nullified by the Supreme Court.

JACKSONVILLE, Fla. — In recognition of National Stalking Awareness Month this January, First Coast News is shedding light on a case that profoundly affected a Jacksonville Beach musician, Coles Whalen, after a stalker drastically altered the course of her life.

“I feared for my life,” Whalen recounted. “We believed he was extremely dangerous, a view that was shared by many in law enforcement.”

Whalen’s promising music career abruptly halted after enduring years of harassment from a stalker. Although the man was initially convicted of stalking her in Colorado, the U.S. Supreme Court overturned that decision in June 2023.

The Supreme Court justices concluded that the man’s free speech rights were infringed, noting that prosecutors did not adequately demonstrate that he was aware his statements were perceived as threats.

Former federal prosecutor Curtis Fallgatter reviewed the implications of the Supreme Court’s ruling.

“I was very surprised to see the Supreme Court add a layer of protection for folks who threaten other people. That has not been the law for many, many years,” Fallgatter explained.

Fallgatter said the Supreme Court created a new standard when looking at crimes involving threats of violence. The states of Florida and Georgia both use an objective, reasonable person standard; the Supreme Court’s ruling changes that.

“Now, the prosecutor’s going to have to prove that I subjectively believe that my threats were going to be perceived by you as a threat. So it’s not just enough that you reasonably perceive them as a threat. Now they’ve got to go inside my mind as a defendant and prove that I intended it to be a threat,” Fallgatter said.

In their opinion, the Supreme Court Justices explained prosecutors should use a standard of recklessness, meaning, was the speaker aware that his statements could be seen as threatening and made those statements anyway?

Fallgatter said this could lead to other convictions being overturned and could create challenges for investigators moving forward.

Victim advocates told First Coast News this should not stop people from reaching out for help. Stephanie Brown is the Director of Community Education for Hubbard House, a domestic violence shelter in Jacksonville.

“There is a lot of co-occurrence between stalking and domestic violence,” Brown said.

Brown explained one common misconception about stalking is that if there is no physical contact, then it’s not dangerous.

“That is absolutely something that we work to demystify, because stalking can absolutely escalate to physical contact and violence. I mean, in all cases of stalking, there is emotional and psychological violence,” Brown said.

Whalen said her stalker sent her thousands of messages over the course of several years, and those messages got more threatening over time.

Brown said victims of stalking often feel like they have lost control of their lives because of their stalker. This was echoed by Whalen, who made the decision to step away from performing.

“It’s much more than a career that I feel like I lost. Performing was such a big part of my identity ,and I think it’s something that stalking victims and survivors rarely talk about. They lose so much, we lose so much when we’re a victim of this kind of crime,” Whalen said.

Brown said they often tell victims to trust their gut; if something seems off, they can reach out to Hubbard House and create a plan to get out of the situation.

“One of the things we’ll do is support the victim in what they want to accomplish, and so we will talk to a victim about the possible courses that they can take. We’re not going to give legal advice about whether they may or may not have a case. If they want to explore reaching out to police, then we’re absolutely going to support them through that process,” Brown said.

Hubbard House has a 24-hour hotline for anyone in need of resources. Call (904)-354-3114 or text (904)-210-3698.

You May Also Like
Members of international organized residential burglary ring arrested after posing as Amazon drivers, Irvine, CA break-in | Video

Tragic Discovery: Police Uncover Self-Inflicted Gunshot Death on Dixie Highway Amid Homewood Murder Probe

In a somber development in Homewood, Illinois, local authorities discovered an individual…
Sen. Chuck Schumer sulks over Graham Platner problem ahead of Maine Dem primary

Sen. Chuck Schumer Faces Challenges with Graham Platner Issue as Maine Democratic Primary Looms

WASHINGTON — Senate Minority Leader Chuck Schumer (D-NY) is maintaining his support…
Rubio and UFC will sign deal to use cage fights for diplomacy

Rubio Partners with UFC: Cage Fights to Foster Diplomatic Relations

In a groundbreaking move, Secretary of State Marco Rubio and UFC CEO…
DOJ moves to strip citizenship from 17 people accused of hiding disturbing crimes

DOJ Targets Citizenship of 17 Individuals Accused of Concealing Heinous Crimes

The Justice Department revealed on Monday its plans to strip citizenship from…
OpenAI says it filed confidential IPO as it positions itself for AI arms race

OpenAI Confidentially Files for IPO, Strategically Poising Itself in the Competitive AI Landscape

In a significant move towards entering the stock market, OpenAI, the creator…
Penn Station slashing suspect was free despite eerily similar 2022 attack: records

Penn Station Stabbing Suspect Released Despite Similar 2022 Incident, Records Reveal

Hector Deleon, a homeless man accused of attacking five people with a…
Man describes how a coach's impromptu decision changed his life: "He ... invested in me when no one else did"

How One Coach’s Unexpected Investment Transformed My Life Forever

A pivotal decision by a former coach transformed a man’s life, teaching…
Rogue swimmer arrested after diving into 11-acre Central Park lake in failed attempt to escape NYPD

Rogue Swimmer’s Daring Central Park Lake Escape Thwarted by NYPD: Arrested After 11-Acre Dive

A daring swimmer trying to elude capture was apprehended by New York…
'You're destroying your countries': Is Europe finally heeding Trump's warning on illegal immigration?

Europe Considers Trump’s Immigration Warning: Are Nations Reassessing Their Policies?

In June, the European Union responded to growing concerns about illegal immigration,…
Ahead of opening of Obama Presidential Center, Chicago traffic could be impacted by road closures, parking restrictions

Upcoming Opening of Obama Presidential Center May Lead to Chicago Traffic Changes Due to Road Closures and Parking Limitations

CHICAGO (WLS) — As the grand opening of the Obama Presidential Center…
State advances first-of-its-kind bill targeting interfering with abortion, trans healthcare

Groundbreaking Bill Proposed to Safeguard Abortion and Transgender Healthcare from Interference

On Monday, a New Jersey Assembly committee took a significant step forward…
Target recalls Up&Up baby wipes due to potential bacterial contamination

Target Issues Recall of Up&Up Baby Wipes Amid Bacterial Contamination Concerns

Target is taking precautionary measures by recalling certain Up & Up brand…