Cite as: 575 U. S. ____ (2015) 9 Opinion of ALITO, J. recklessness standard—which the Third Circuit remains free to adopt. Tr. of Oral Arg. 8:22–23 (“[W]e would say that recklessness is not justif[ied]”). I would therefore remand for the Third Circuit to determine if Elonis’s failure (indeed, refusal) to argue for recklessness prevents reversal of his conviction. The Third Circuit should also have the opportunity to consider whether the conviction can be upheld on harmlesserror grounds. “We have often applied harmless-error analysis to cases involving improper instructions.” Neder v. United States, 527 U. S. 1, 9 (1999); see also, e.g., Pope v. Illinois, 481 U. S. 497, 503–504 (1987) (remanding for harmless-error analysis after holding that jury instruction misstated obscenity standard). And the Third Circuit has previously upheld convictions where erroneous jury instructions proved harmless. See, e.g., United States v. Saybolt, 577 F. 3d 195, 206–207 (2009). It should be given the chance to address that possibility here.