Elonis v. United States

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

A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh, June 1, 2015)
Opinion analysis: Internet threats still in legal limbo? (Lyle Denniston, June 1, 2015)
Court difficult to read on Facebook threats: In Plain English (Amy Howe, December 1, 2014)
Argument analysis: Taking ownership of an Internet rant (Lyle Denniston, December 1, 2014)
Argument preview: Social media as a crime scene (Lyle Denniston, November 29, 2014)
Drawing a line between therapy and threats: In Plain English (Amy Howe, November 24, 2014)
On religion issues, children are still different (Lyle Denniston, June 16, 2014)
Petition of the day (Maureen Johnston, May 16, 2014)

Date	Proceedings and Orders (key to color coding)
Dec 20 2013	Application (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 2014	Application (13A695) granted by Justice Alito extending the time to file until February 14, 2014.
Feb 14 2014	Petition for a writ of certiorari filed. (Response due March 21, 2014)
Mar 12 2014	Order extending time to file response to petition to and including April 21, 2014.
Mar 21 2014	Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
Apr 21 2014	Brief of respondent United States in opposition filed.
May 5 2014	Reply of petitioner Anthony Douglas Elonis filed.
May 6 2014	DISTRIBUTED for Conference of May 22, 2014.
May 27 2014	DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014	DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014	DISTRIBUTED for Conference of June 12, 2014.
Jun 16 2014	Petition 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 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 15, 2014.
Jul 7 2014	The time to file respondent's brief on the merits is extended to and including September 29, 2014.
Jul 8 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 30 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 15 2014	Joint appendix (2 volumes) filed. (Statement of costs filed.)
Aug 15 2014	Brief of petitioner Anthony Douglas Elonis filed.
Aug 18 2014	Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.
Aug 22 2014	Brief amici curiae of People for Ethical Treatment of Animals, Inc. (PETA), et al. filed.
Aug 22 2014	Brief amicus curiae of Center for Individual Rights filed.
Aug 22 2014	Brief amici curiae of Student Press Law Center, et al. filed.
Aug 22 2014	Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
Aug 22 2014	Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 22 2014	Brief amici curiae of Rutherford Institute, et al. filed.
Aug 22 2014	Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
Sep 4 2014	SET FOR ARGUMENT on Monday, December 1, 2014.
Sep 22 2014	Brief amicus curiae of National Center for Victims of Crime filed.
Sep 22 2014	Record requested from U.S.C.A. 3rd Circuit.
Sep 29 2014	Brief of respondent United States filed.
Oct 2 2014	Brief amici curiae of Wisconsin, et al. filed. (Distributed)
Oct 6 2014	Brief amici curiae of National Network to End Domestic Violence, et al. filed.
Oct 6 2014	Brief amicus curiae of Anti-Defamation League filed.
Oct 6 2014	Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed.
Oct 6 2014	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Oct 27 2014	CIRCULATED.
Oct 29 2014	Reply of petitioner Anthony Douglas Elonis filed. (Distributed)
Nov 3 2014	Record received from U.S.C.A. 3rd Circuit. The record is electronic.
Dec 1 2014	Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 1 2015	Judgment 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 2015	JUDGMENT ISSUED.

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Today at SCOTUS: It's the opening day of the 2022-23 term. At 9:30 a.m. EDT, the court will issue orders, which may include cert grants from last week's "long conference." Then, at 10, the court will hear two arguments as Ketanji Brown Jackson takes the bench for the first time.

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And then there were four. (Photo from before yesterday's investiture of Justice Ketanji Brown Jackson, by the Supreme Court of the United States.)

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Art Lien, AKA @Courtartist, retired over the summer after 45 years drawing the Supreme Court. For the last nine of those years, Art worked for SCOTUSblog. We're honoring his journalism with a retrospective on his work. Trust us, it's a feast for the eyes:

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Justice Jackson's investiture ceremony has concluded. After the ceremony, she took the traditional walk down the court's front steps, accompanied by the chief justice. She also shared a moment with her husband, Patrick, on the plaza after the ceremony. Photos by @katieleebarlow.

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Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.

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