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Petition of the day

The petition of the day is:

16-1231

Issues: (1) Whether, as a matter of statutory or constitutional law, liability under 18 U.S.C. 875(c) requires an analysis of whether a reasonable person would be threatened by the communication, or whether it is instead sufficient to examine whether a particular recipient, whether reasonable or not, would have considered it threatening; and (2) whether an erroneous pre-trial holding that the defendant’s subjective mental state is not an element of the crime, followed by jury instructions and government argument to the same effect, can be harmless error.

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Jun. 23, 2017, 10:22 PM), https://www.scotusblog.com/2017/06/petition-of-the-day-1181/