Cite as: 575 U. S. ____ (2015)
7
THOMAS, J., dissenting
will conclude that the communication contains a threat as
a matter of law. Instead, like one who mails an “obscene”
publication and is prosecuted under the federal obscenity
statute, a defendant prosecuted under §875(c) must know
only the words used in that communication, along with
their ordinary meaning in context.
General intent divides those who know the facts consti
tuting the actus reus of this crime from those who do not.
For example, someone who transmits a threat who does
not know English—or who knows English, but perhaps
does not know a threatening idiom—lacks the general
intent required under §875(c). See Ragansky, supra, at
645 (“[A] foreigner, ignorant of the English language,
repeating [threatening] words without knowledge of their
meaning, may not knowingly have made a threat”). Like
wise, the hapless mailman who delivers a threatening
letter, ignorant of its contents, should not fear prosecution.
A defendant like Elonis, however, who admits that he
“knew that what [he] was saying was violent” but suppos
edly “just wanted to express [him]self,” App. 205, acted
with the general intent required under §875(c), even if he
did not know that a jury would conclude that his commu
nication constituted a “threat” as a matter of law.
Demanding evidence only of general intent also corre
sponds to §875(c)’s statutory backdrop. As previously
discussed, before the enactment of §875(c), courts had read
the Presidential threats statute to require proof only of
general intent. Given Congress’ presumptive awareness of
this application of the Presidential threats statute—not to
mention this Court’s similar approach in the obscenity
context, see Rosen, 161 U. S., at 41–42—it is difficult to
conclude that the Congress that enacted §875(c) in 1939
understood it to contain an implicit mental-state require
ment apart from general intent. There is certainly no
textual evidence to support this conclusion. If anything,
the text supports the opposite inference, as §875(c), unlike
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents