Legal Opinion
United States v. Tobin
Court of Appeals for the First Circuit
Decided January 7, 2009No. 08-1340PublishedCited by 17 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
The government’s appeal in this case presents the question of whether 47 U.S.C. § 223(a)(l)(D)(2000), which criminalizes “mak[ing] or caus[ing] the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number,” requires a subjective purpose to harass, or whether it suffices that the caller can foresee that the victim will feel abused or distressed. The factual and procedural background can be briefly summarized.
James Tobin served as New England Regional Director of the Republican National Committee and Regional Political…
2Cases cited20 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. BaileySupreme Court of the United States · 1980
- Serfass v. United StatesSupreme Court of the United States · 1975
- Smith v. MassachusettsSupreme Court of the United States · 2005
- United States v. Robert EckhardtCourt of Appeals for the Eleventh Circuit · 2006
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3Cited by17 opinions
- United States v. BoidiCourt of Appeals for the First Circuit · 2009
- Coffin v. eCast Settlement Corp. (In Re Coffin)Bankruptcy Appellate Panel of the First Circuit · 2010
- United States v. DyerCourt of Appeals for the First Circuit · 2009
- Migrant Health Center, Inc. v. Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 2019
- Boston & Maine Corp. v. Massachusetts Bay Transportation AuthorityCourt of Appeals for the First Circuit · 2009
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