Elonis v. United States
The Court Rules That Criminal Internet Threats Must Show Intent
Elonis v. United States was featured in Internet Threats, Supreme Court Debates (Jan. 2015). The following is excerpted from the summary of the 8-to-1 opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions: The Third Circuit’s instruction, requiring only negligence with respect to the communication of a threat, is not sufficient to support a conviction under 18 U.S. Code Section 875(c). Section 875(c) does not indicate whether the defendant must intend that the communication contain a threat, and the parties can show no indication of a particular mental state requirement in the statute’s text. Elonis…
