16
ELONIS v. UNITED STATES
Opinion of the Court
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In light of the foregoing, Elonis’s conviction cannot
stand. The jury was instructed that the Government need
prove only that a reasonable person would regard Elonis’s
communications as threats, and that was error. Federal
criminal liability generally does not turn solely on the
results of an act without considering the defendant’s
mental state. That understanding “took deep and early
root in American soil” and Congress left it intact here:
Under Section 875(c), “wrongdoing must be conscious to be
criminal.” Morissette, 342 U. S., at 252.
There is no dispute that the mental state requirement in
Section 875(c) is satisfied if the defendant transmits a
communication for the purpose of issuing a threat, or with
knowledge that the communication will be viewed as a
threat. See Tr. of Oral Arg. 25, 56. In response to a question at oral argument, Elonis stated that a finding of
recklessness would not be sufficient. See id., at 8–9.
Neither Elonis nor the Government has briefed or argued
that point, and we accordingly decline to address it. See
Department of Treasury, IRS v. FLRA, 494 U. S. 922, 933
(1990) (this Court is “poorly situated” to address an argument the Court of Appeals did not consider, the parties did
not brief, and counsel addressed in “only the most cursory
fashion at oral argument”). Given our disposition, it is not
necessary to consider any First Amendment issues.
Both JUSTICE ALITO and JUSTICE THOMAS complain
about our not deciding whether recklessness suffices for
liability under Section 875(c). Post, at 1–2 (ALITO, J.,
concurring in part and dissenting in part); post, at 1–2
(opinion of THOMAS, J.). JUSTICE ALITO contends that
each party “argued” this issue, post, at 2, but they did not
address it at all until oral argument, and even then only
briefly. See Tr. of Oral Arg. at 8, 38–39.
JUSTICE ALITO also suggests that we have not clarified
confusion in the lower courts. That is wrong. Our holding
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