Petition of the day
By Maureen Johnston
on May 17, 2014
The petition of the day is:
13-983
Issue: Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant’s subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort.
Posted in Cases in the Pipeline
Cases: Elonis v. United States
Recommended Citation:
Maureen Johnston,
Petition of the day,
SCOTUSblog (May. 17, 2014, 12:00 AM),
https://www.scotusblog.com/2014/05/petition-of-the-day-611/