Cite as: 575 U. S. ____ (2015)
1
THOMAS, J., dissenting
SUPREME COURT OF THE UNITED STATES
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No. 13–983
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ANTHONY DOUGLAS ELONIS, PETITIONER v.
UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE THIRD CIRCUIT
[June 1, 2015]
JUSTICE THOMAS, dissenting.
We granted certiorari to resolve a conflict in the lower
courts over the appropriate mental state for threat prose
cutions under 18 U. S. C. §875(c). Save two, every Circuit
to have considered the issue—11 in total—has held that
this provision demands proof only of general intent, which
here requires no more than that a defendant knew he
transmitted a communication, knew the words used in
that communication, and understood the ordinary mean
ing of those words in the relevant context. The outliers
are the Ninth and Tenth Circuits, which have concluded
that proof of an intent to threaten was necessary for con
viction. Adopting the minority position, Elonis urges us to
hold that §875(c) and the First Amendment require proof
of an intent to threaten. The Government in turn advo
cates a general-intent approach.
Rather than resolve the conflict, the Court casts aside
the approach used in nine Circuits and leaves nothing in
its place. Lower courts are thus left to guess at the appro
priate mental state for §875(c). All they know after to
day’s decision is that a requirement of general intent will
not do. But they can safely infer that a majority of this
Court would not adopt an intent-to-threaten requirement,
as the opinion carefully leaves open the possibility that
recklessness may be enough. See ante, at 16–17.
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