Legal Opinion · Dissent

Elonis v. United States

Supreme Court of the United States

Decided June 1, 2015No. 13-983Published

1DissentJustice Thomas

We granted certiorari to resolve a conflict in the lower courts over the appropriate mental state for threat prosecutions under 18 U.S.C. § 875(c). Save two, every Circuit to have considered the issue-11 in total-has held that this provision demands proof only of general intent, which here requires no more than that a defendant knew he transmitted a communication, knew the words used in that communication, and understood the ordinary meaning of those words in the relevant context. The outliers are the Ninth and Tenth Circuits, which have concluded that proof of an intent to threaten was…

2Cases cited35 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. Hamling v. United StatesSupreme Court of the United States · 1974
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

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