Cite as: 575 U. S. ____ (2015)
15
Opinion of the Court
because he lacked the knowledge that the materials were
legally obscene “would permit the defendant to avoid
prosecution by simply claiming that he had not brushed
up on the law.” Id., at 123. It was instead enough for
liability that “a defendant had knowledge of the contents
of the materials he distributed, and that he knew the
character and nature of the materials.” Ibid.
This holding does not help the Government. In fact, the
Court in Hamling approved a state court’s conclusion that
requiring a defendant to know the character of the material incorporated a “vital element of scienter” so that “not
innocent but calculated purveyance of filth . . . is exorcised.” Id., at 122 (quoting Mishkin v. New York, 383 U. S.
502, 510 (1966); internal quotation marks omitted). In
this case, “calculated purveyance” of a threat would require that Elonis know the threatening nature of his
communication. Put simply, the mental state requirement
the Court approved in Hamling turns on whether a defendant knew the character of what was sent, not simply
its contents and context.
Contrary to the dissent’s suggestion, see post, at 4–5, 9–
10 (opinion of THOMAS, J.), nothing in Rosen v. United
States, 161 U. S. 29 (1896), undermines this reading. The
defendant’s contention in Rosen was that his indictment
for mailing obscene material was invalid because it did not
allege that he was aware of the contents of the mailing.
Id., at 31–33. That is not at issue here; there is no dispute
that Elonis knew the words he communicated. The defendant also argued that he could not be convicted of
mailing obscene material if he did not know that the
material “could be properly or justly characterized as
obscene.” Id., at 41. The Court correctly rejected this
“ignorance of the law” defense; no such contention is at
issue here. See supra, at 10.
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