Cite as: 575 U. S. ____ (2015)
5
THOMAS, J., dissenting
the person who, with knowledge or notice of [the paper’s]
contents, assumed the responsibility of putting it in the
mails of the United States,” because “[e]very one who uses
the mails of the United States for carrying papers or
publications must take notice of . . . what must be deemed
obscene, lewd, and lascivious.” Id., at 41–42.
This Court reaffirmed Rosen’s holding in Hamling v.
United States, 418 U. S. 87 (1974), when it considered a
challenge to convictions under the successor federal stat
ute, see id., at 98, n. 8 (citing 18 U. S. C. §1461 (1970 ed.)).
Relying on Rosen, the Court rejected the argument that
the statute required “proof both of knowledge of the con
tents of the material and awareness of the obscene charac
ter of the material.” 418 U. S., at 120 (internal quotation
marks omitted). In approving the jury instruction that the
defendants’ “belief as to the obscenity or non-obscenity of
the material is irrelevant,” the Court declined to hold
“that the prosecution must prove a defendant’s knowledge
of the legal status of the materials he distributes.” Id., at
120–121 (internal quotation marks omitted). To rule
otherwise, the Court observed, “would permit the defend
ant to avoid prosecution by simply claiming that he had
not brushed up on the law.” Id., at 123.
Decades before §875(c)’s enactment, courts took the
same approach to the first federal threat statute, which
prohibited threats against the President. In 1917, Con
gress enacted a law punishing anyone
“who knowingly and willfully deposits or causes to be
deposited for conveyance in the mail . . . any letter,
paper, writing, print, missive, or document containing
any threat to take the life of or to inflict bodily harm
upon the President of the United States, or who know
ingly and willfully otherwise makes any such threat
against the President.” Act of Feb. 14, 1917, ch. 64,
39 Stat. 919.
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