He was convicted in Arapahoe County of stalking Whalen and lost on appeal.Where do we draw the line between what is protected first amendment free speech, versus where do we criminalize it?"He first contacted her after she performed at a 2010 gay pride festival in Denver with messages including her dying.The nation's highest court has now agreed to take the case over to address the aspects of threatening language."We may not like, we may feel violates our personal space, but it's still protected first amendment speech versus the speech that is intended to threaten somebody's safety," Steinhauser said."