Cite as: 575 U. S. ____ (2015)
3
Syllabus
threat. Elonis’s conviction was premised solely on how his posts
would be viewed by a reasonable person, a standard feature of civil
liability in tort law inconsistent with the conventional criminal conduct requirement of “awareness of some wrongdoing,” Staples, 511
U. S., at 606–607. This Court “ha[s] long been reluctant to infer that
a negligence standard was intended in criminal statutes.” Rogers v.
United States, 422 U. S. 35, 47 (Marshall, J., concurring). And the
Government fails to show that the instructions in this case required
more than a mental state of negligence. Hamling v. United States,
418 U. S. 87, distinguished. Section 875(c)’s mental state requirement 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. The Court declines to address whether a mental state of recklessness would also suffice. Given the disposition here, it is unnecessary to consider any First Amendment
issues. Pp. 13–17.
730 F. 3d. 321, reversed and remanded.
ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA,
KENNEDY, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.
ALITO, J., filed an opinion concurring in part and dissenting in part.
THOMAS, J., filed a dissenting opinion.
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