United States v. Stevens

MATHESON, Circuit Judge. .

Jeffrey A. Stevens was indicted on 10 counts of interstate communication with intent to injure under 18 U.S.C. § 875(c) for posting 10 messages on the Tulsa Police Department’s (“TPD”) online “Citizen Complaint” form. The messages discussed committing violence against specific members of the TPD or TPD officers generally. Mr. Stevens moved to dismiss the indictment on First Amendment grounds, arguing his messages were not true threats. The district court denied the motion because a reasonable jury could construe the messages to be frue threats. Mr. Stevens pled…