Cite as: 575 U. S. ____ (2015)
5
Opinion of ALITO, J.
variety of contexts, we have described reckless conduct as
morally culpable. See, e.g., Farmer, supra, at 835–836
(deliberate indifference to an inmate’s harm); Garrison v.
Louisiana, 379 U. S. 64, 75 (1964) (criminal libel); New
York Times Co. v. Sullivan, 376 U. S. 254, 279–280 (1964)
(civil libel). Indeed, this Court has held that “reckless
disregard for human life” may justify the death penalty.
Tison v. Arizona, 481 U. S. 137, 157 (1987). Someone who
acts recklessly with respect to conveying a threat necessarily grasps that he is not engaged in innocent conduct.
He is not merely careless. He is aware that others could
regard his statements as a threat, but he delivers them
anyway.
Accordingly, I would hold that a defendant may be
convicted under §875(c) if he or she consciously disregards
the risk that the communication transmitted will be interpreted as a true threat. Nothing in the Court’s noncommittal opinion prevents lower courts from adopting
that standard.
II
There remains the question whether interpreting
§875(c) to require no more than recklessness with respect
to the element at issue here would violate the First
Amendment. Elonis contends that it would. I would reject
that argument.
It is settled that the Constitution does not protect true
threats. See Virginia v. Black, 538 U. S. 343, 359–360
(2003); R. A. V. v. St. Paul, 505 U. S. 377, 388 (1992);
Watts, 394 U. S., at 707–708. And there are good reasons
for that rule: True threats inflict great harm and have
little if any social value. A threat may cause serious emotional stress for the person threatened and those who care
about that person, and a threat may lead to a violent
confrontation. It is true that a communication containing
a threat may include other statements that have value
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات