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Elonis v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
13-983 3d Cir. Dec 1, 2014 Jun 1, 2015 8-1 Roberts OT 2014

Disclosure: John Elwood, a frequent contributor to this blog, is among the counsel to the petitioner in the case.

Holding: The Third Circuit’s instruction, requiring only negligence with respect to the communication of a threat, is not sufficient to support a conviction under 18 U.S.C. § 875(c), which makes it a federal crime to transmit in interstate commerce “any communication containing any threat . . . to injure the person of another.”

Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on June 1, 2015. Justice Alito filed an opinion concurring in part and dissenting in part. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 20 2013Application (13A695) to extend the time to file a petition for a writ of certiorari from January 15, 2014 to March 7, 2014, submitted to Justice Alito.
Jan 6 2014Application (13A695) granted by Justice Alito extending the time to file until February 14, 2014.
Feb 14 2014Petition for a writ of certiorari filed. (Response due March 21, 2014)
Mar 12 2014Order extending time to file response to petition to and including April 21, 2014.
Mar 21 2014Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
Apr 21 2014Brief of respondent United States in opposition filed.
May 5 2014Reply of petitioner Anthony Douglas Elonis filed.
May 6 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014DISTRIBUTED for Conference of June 12, 2014.
Jun 16 2014Petition GRANTED In addition to the question presented by the petition, the parties are directed to brief and argue the following question: "Whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U. S. C. §875(c) requires proof of the defendant's subjective intent to threaten."
Jul 7 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 15, 2014.
Jul 7 2014The time to file respondent's brief on the merits is extended to and including September 29, 2014.
Jul 8 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 30 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 15 2014Joint appendix (2 volumes) filed. (Statement of costs filed.)
Aug 15 2014Brief of petitioner Anthony Douglas Elonis filed.
Aug 18 2014Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.
Aug 22 2014Brief amici curiae of People for Ethical Treatment of Animals, Inc. (PETA), et al. filed.
Aug 22 2014Brief amicus curiae of Center for Individual Rights filed.
Aug 22 2014Brief amici curiae of Student Press Law Center, et al. filed.
Aug 22 2014Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
Aug 22 2014Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 22 2014Brief amici curiae of Rutherford Institute, et al. filed.
Aug 22 2014Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
Sep 4 2014SET FOR ARGUMENT on Monday, December 1, 2014.
Sep 22 2014Brief amicus curiae of National Center for Victims of Crime filed.
Sep 22 2014Record requested from U.S.C.A. 3rd Circuit.
Sep 29 2014Brief of respondent United States filed.
Oct 2 2014Brief amici curiae of Wisconsin, et al. filed. (Distributed)
Oct 6 2014Brief amici curiae of National Network to End Domestic Violence, et al. filed.
Oct 6 2014Brief amicus curiae of Anti-Defamation League filed.
Oct 6 2014Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed.
Oct 6 2014Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Oct 27 2014CIRCULATED.
Oct 29 2014Reply of petitioner Anthony Douglas Elonis filed. (Distributed)
Nov 3 2014Record received from U.S.C.A. 3rd Circuit. The record is electronic.
Dec 1 2014Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 1 2015Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part. Thomas, J., filed a dissenting opinion.
Jul 6 2015JUDGMENT ISSUED.