Commonwealth v. Knox, J., Aplt.

JUSTICE WECHT, Concurring and Dissenting

I agree with much of the learned Majority's opinion. For instance, I concur in the Majority's general explication of First Amendment principles in the true threat context. Specifically, I agree that one result of the United States Supreme Court's fractured decision in Virginia v. Black , 538 U.S. 343, 123 S.Ct. 1536, 155 L.Ed.2d 535 (2003), is that our previously-applied objective, reasonable-listener standard for assessing whether a statement was, in fact, a constitutionally sanctionable true threat is "no longer viable." Maj. Op. at 1156. The Majority…