elonis
argued
december
decided
june
wife
left
petitioner
anthony
douglas
elonis
pseudonym
tone
dougie
used
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networking
web
site
facebook
post
rap
lyrics
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graphically
violent
language
imagery
concerning
wife
kindergarten
class
state
federal
law
enforcement
posts
often
interspersed
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lyrics
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depict
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persons
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elonis
exercising
first
amendment
rights
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knew
saw
posts
threatening
however
including
boss
fired
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wife
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state
order
elonis
former
employer
informed
federal
bureau
investigation
posts
agency
began
monitoring
elonis
facebook
activity
eventually
arrested
charged
five
counts
violating
makes
federal
crime
transmit
interstate
commerce
communication
containing
threat
injure
person
another
trial
elonis
requested
jury
instruction
government
required
prove
intended
communicate
true
threat
instead
district
told
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elonis
found
guilty
reasonable
person
foresee
statements
interpreted
threat
elonis
convicted
four
five
counts
renewed
jury
instruction
challenge
appeal
third
circuit
affirmed
holding
section
requires
intent
communicate
words
defendant
understands
reasonable
person
view
threat
held
third
circuit
instruction
requiring
negligence
respect
communication
threat
sufficient
support
conviction
section
pp
section
indicate
whether
defendant
must
intend
communication
contain
threat
parties
show
indication
particular
mental
state
requirement
statute
text
elonis
claims
word
threat
definition
conveys
intent
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harm
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definitions
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statement
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mental
state
government
argues
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intent
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concluded
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congress
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crimes
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state
requirement
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regard
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enactment
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intent
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construction
reflects
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principle
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defendant
must
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mind
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rule
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mind
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element
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thus
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statutes
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include
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applicable
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requirements
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state
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rea
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elonis
conviction
premised
solely
posts
viewed
reasonable
person
standard
feature
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liability
tort
law
inconsistent
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criminal
conduct
requirement
awareness
wrongdoing
staples
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intended
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rogers
marshall
concurring
government
fails
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case
required
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state
negligence
hamling
distinguished
section
mental
state
requirement
satisfied
defendant
transmits
communication
purpose
issuing
threat
knowledge
communication
viewed
threat
declines
address
whether
mental
state
recklessness
also
suffice
given
disposition
unnecessary
consider
first
amendment
issues
pp
reversed
remanded
roberts
delivered
opinion
scalia
kennedy
ginsburg
breyer
sotomayor
kagan
joined
alito
filed
opinion
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part
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part
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filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
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print
goes
press
anthony
douglas
elonis
petitioner
writ
certiorari
appeals
third
circuit
june
chief
justice
roberts
delivered
opinion
federal
law
makes
crime
transmit
interstate
commerce
communication
containing
threat
injure
person
another
petitioner
convicted
violating
provision
instructions
required
jury
find
communicated
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person
regard
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question
whether
statute
also
requires
defendant
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threatening
nature
communication
whether
first
amendment
requires
showing
anthony
douglas
elonis
active
user
social
networking
web
site
facebook
users
web
site
may
post
items
facebook
page
accessible
users
including
facebook
friends
notified
new
content
posted
may
elonis
wife
nearly
seven
years
left
taking
two
young
children
elonis
began
listening
violent
music
posting
rap
lyrics
inspired
music
app
eventually
elonis
changed
user
name
facebook
page
actual
name
nom
de
plume
tone
dougie
distinguish
persona
lyrics
elonis
posted
tone
dougie
included
graphically
violent
language
imagery
material
often
interspersed
disclaimers
lyrics
fictitious
intentional
resemblance
real
persons
elonis
posted
explanation
another
facebook
user
writing
therapeutic
see
also
testifying
helps
deal
pain
elonis
friends
viewed
posts
different
light
around
halloween
elonis
posted
photograph
halloween
haunt
event
amusement
park
worked
photograph
elonis
holding
toy
knife
neck
caption
elonis
wrote
wish
elonis
facebook
friends
tag
facebook
feature
alerted
posting
brief
petitioner
chief
park
security
facebook
friend
elonis
saw
photograph
fired
app
brief
petitioner
response
elonis
posted
new
entry
facebook
page
moles
tell
several
sayin
access
keys
gates
sinister
plans
friends
must
taken
home
couple
think
dark
foggy
secure
facility
man
mad
see
even
without
paycheck
still
main
attraction
whoever
thought
halloween
haunt
scary
app
post
became
basis
count
one
elonis
subsequent
indictment
threatening
park
patrons
employees
elonis
posts
frequently
included
crude
degrading
violent
material
shortly
fired
elonis
posted
adaptation
satirical
sketch
wife
watched
together
actual
sketch
called
illegal
say
comedian
explains
illegal
person
say
wishes
kill
president
illegal
explain
illegal
say
elonis
posted
script
sketch
however
substituted
wife
president
posting
part
basis
count
two
indictment
threatening
wife
hi
tone
elonis
know
illegal
say
want
kill
wife
one
sentences
allowed
say
okay
say
right
telling
illegal
say
want
kill
wife
um
interesting
illegal
say
really
really
think
someone
kill
wife
illegal
say
mortar
launcher
sentence
also
found
incredibly
illegal
extremely
illegal
go
facebook
say
something
like
best
place
fire
mortar
launcher
house
cornfield
behind
easy
access
getaway
road
clear
line
sight
sun
room
yet
even
illegal
show
illustrated
diagram
diagram
house
details
home
accurate
bottom
post
elonis
included
link
video
original
skit
wrote
art
pushing
limits
willing
go
jail
constitutional
rights
viewing
elonis
posts
wife
felt
extremely
afraid
life
state
granted
order
elonis
essentially
restraining
order
elonis
referred
order
another
post
tone
dougie
page
also
included
count
two
indictment
fold
order
put
pocket
thick
enough
stop
bullet
try
enforce
order
improperly
granted
first
place
thinks
judge
needs
education
true
threat
jurisprudence
prison
time
add
zeros
settlement
worse
comes
worse
got
enough
explosives
take
care
state
police
sheriff
department
bottom
post
link
wikipedia
article
freedom
speech
ibid
elonis
reference
police
basis
count
three
indictment
threatening
law
enforcement
officers
month
interspersed
posts
movie
elonis
liked
observations
comedian
social
commentary
elonis
posted
entry
gave
rise
count
four
indictment
enough
checking
making
name
enough
elementary
schools
ten
mile
radius
initiate
heinous
school
shooting
ever
imagined
hell
hath
fury
like
crazy
man
kindergarten
class
question
one
meanwhile
park
security
informed
local
police
federal
bureau
investigation
elonis
posts
fbi
agent
denise
stevens
created
facebook
account
monitor
online
activity
post
school
shooting
agent
stevens
partner
visited
elonis
house
following
visit
elonis
polite
uncooperative
elonis
posted
another
entry
facebook
page
called
little
agent
lady
led
count
five
know
ridiculous
fbi
knockin
yo
door
little
agent
lady
stood
close
took
strength
turn
ghost
pull
knife
flick
wrist
slit
throat
leave
bleedin
jugular
arms
partner
laughter
next
time
knock
best
serving
warrant
bring
yo
swat
explosives
expert
cause
little
know
strapped
wit
bomb
think
took
long
get
dressed
shoes
jus
waitin
handcuff
pat
touch
detonator
pocket
boom
pieces
comin
together
crazy
sociopath
gets
playin
stupid
like
fiddle
hear
gon
na
famous
cause
aspiring
rapper
likes
attention
happens
investigation
terrorism
cause
think
ready
turn
valley
fallujah
ai
gon
na
tell
bridge
gon
na
fall
river
road
really
believe
bridge
rubble
sell
tomorrow
boom
boom
boom
grand
jury
indicted
elonis
making
threats
injure
patrons
employees
park
estranged
wife
police
officers
kindergarten
class
fbi
agent
violation
app
district
elonis
moved
dismiss
indictment
failing
allege
intended
threaten
anyone
district
denied
motion
holding
third
circuit
precedent
required
elonis
intentionally
made
communication
intended
make
threat
app
pet
cert
trial
elonis
testified
posts
emulated
rap
lyrics
performer
eminem
involve
fantasies
killing
app
elonis
view
posted
nothing
said
already
government
presented
witnesses
elonis
wife
said
felt
afraid
viewed
elonis
posts
serious
threats
see
elonis
requested
jury
instruction
government
must
prove
intended
communicate
true
threat
see
also
district
denied
request
jury
instructions
instead
informed
jury
statement
true
threat
defendant
intentionally
makes
statement
context
circumstances
wherein
reasonable
person
foresee
statement
interpreted
maker
communicates
statement
serious
expression
intention
inflict
bodily
injury
take
life
individual
government
closing
argument
emphasized
irrelevant
whether
elonis
intended
postings
threats
matter
thinks
jury
convicted
elonis
four
five
counts
acquitting
charge
threatening
park
patrons
employees
elonis
sentenced
three
years
eight
months
imprisonment
three
years
supervised
release
elonis
renewed
challenge
jury
instructions
appeals
contending
jury
required
find
intended
posts
threats
appeals
disagreed
holding
intent
required
section
intent
communicate
words
defendant
understands
reasonable
person
view
threat
granted
certiorari
ii
individual
transmits
interstate
foreign
commerce
communication
containing
threat
kidnap
person
threat
injure
person
another
guilty
felony
faces
five
years
imprisonment
statute
requires
communication
transmitted
communication
contain
threat
specify
defendant
must
mental
state
respect
elements
particular
indicate
whether
defendant
must
intend
communication
contain
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elonis
argues
word
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section
imposes
requirement
according
elonis
every
definition
threat
threaten
conveys
notion
intent
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harm
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petitioner
see
jeffries
sutton
dubitante
oxford
english
dictionary
declare
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conditionally
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intention
inflicting
injury
upon
webster
new
international
dictionary
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law
expression
intention
inflict
loss
harm
another
illegal
means
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law
dictionary
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harm
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definitions
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speak
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state
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example
anonymous
letter
says
going
kill
expression
intention
inflict
loss
harm
regardless
author
intent
victim
receives
letter
mail
received
threat
even
author
believes
wrongly
message
taken
joke
part
government
argues
section
read
light
neighboring
provisions
sections
provisions
also
prohibit
certain
types
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expressly
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state
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injure
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defendant
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rea
scienter
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aforethought
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knowledge
like
lafave
substantive
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law
pp
ed
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exceptions
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rule
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defendant
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rea
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ibid
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state
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therefore
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contains
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elonis
conviction
however
premised
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posts
understood
reasonable
person
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person
standard
familiar
feature
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liability
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law
inconsistent
conventional
requirement
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conduct
awareness
wrongdoing
staples
quoting
dotterweich
emphasis
added
liability
turn
whether
reasonable
person
regards
communication
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regardless
defendant
thinks
reduces
culpability
element
crime
negligence
jeffries
sutton
dubitante
long
reluctant
infer
negligence
standard
intended
criminal
statutes
rogers
marshall
concurring
citing
morissette
see
torcia
wharton
criminal
law
pp
ed
cochran
defendant
face
liability
civil
action
negligence
held
criminally
evil
intent
actually
existing
mind
principles
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thinks
matter
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examples
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view
lack
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state
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sealed
envelope
without
knowing
contents
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require
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actually
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surrounding
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