6
ELONIS v. UNITED STATES
THOMAS, J., dissenting
Courts applying this statute shortly after its enactment
appeared to require proof of only general intent. In Ragansky v. United States, 253 F. 643 (CA7 1918), for in
stance, a Court of Appeals held that “[a] threat is know
ingly made, if the maker of it comprehends the meaning of
the words uttered by him,” and “is willfully made, if in
addition to comprehending the meaning of his words, the
maker voluntarily and intentionally utters them as the
declaration of an apparent determination to carry them
into execution,” id., at 645. The court consequently rejected
the defendant’s argument that he could not be convicted
when his language “[c]oncededly . . . constituted such a
threat” but was meant only “as a joke.” Id., at 644. Like
wise, in United States v. Stobo, 251 F. 689 (Del. 1918), a
District Court rejected the defendant’s objection that there
was no allegation “of any facts . . . indicating any intention
. . . on the part of the defendant . . . to menace the Presi
dent of the United States,” id., at 693 (internal quotation
marks omitted). As it explained, the defendant “is pun
ishable under the act whether he uses the words lightly or
with a set purpose to kill,” as “[t]he effect upon the minds
of the hearers, who cannot read his inward thoughts, is
precisely the same.” Ibid. At a minimum, there is no
historical practice requiring more than general intent
when a statute regulates speech.
B
Applying ordinary rules of statutory construction, I
would read §875(c) to require proof of general intent. To
“know the facts that make his conduct illegal” under
§875(c), see Staples, 511 U. S., at 605, a defendant must
know that he transmitted a communication in interstate
or foreign commerce that contained a threat. Knowing
that the communication contains a “threat”—a serious
expression of an intention to engage in unlawful physical
violence—does not, however, require knowing that a jury
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