Justice Sonia Sotomayor referenced the Court’s 2023 decision in Counterman v. Colorado in a statement accompanying the denial of certiorari in DeRay Mckesson v. John Doe (No. 23-373). She emphasized that negligence should never be the standard for political speech and that intent is necessary for incitement, as outlined in Counterman. Sotomayor expected this principle to guide “any future proceedings in this case.” The district court agreed.