United States v. Anthony Elonis

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This case presents the question whether the true threats exception to speech protection under the First Amendment requires a jury to find the defendant subjectively intended his statements to be understood as threats. Anthony Elonis challenges his jury conviction under 18 U.S.C. § 875(c), arguing he did not subjectively intend his Facebook posts to be threatening. In United States v. Kosma, 951 F.2d 549, 557 (3d Cir.1991) we held a statement is a true threat when a reasonable speaker would foresee the statement would be interpreted as a threat. We…