6
ELONIS v. UNITED STATES
Opinion of the Court
that gets off playin’ you stupid f***s like a fiddle
And if y’all didn’t hear, I’m gonna be famous
Cause I’m just an aspiring rapper who likes the
attention
who happens to be under investigation for terrorism
cause y’all think I’m ready to turn the Valley into
Fallujah
But I ain’t gonna tell you which bridge is gonna fall
into which river or road
And if you really believe this s***
I’ll have some bridge rubble to sell you tomorrow
[BOOM!][BOOM!][BOOM!]” Id., at 336.
B
A grand jury indicted Elonis for making threats to injure patrons and employees of the park, his estranged
wife, police officers, a kindergarten class, and an FBI
agent, all in violation of 18 U. S. C. §875(c). App. 14–17.
In the District Court, Elonis moved to dismiss the indictment for failing to allege that he had intended to threaten
anyone. The District Court denied the motion, holding
that Third Circuit precedent required only that Elonis
“intentionally made the communication, not that he intended to make a threat.” App. to Pet. for Cert. 51a. At
trial, Elonis testified that his posts emulated the rap lyrics
of the well-known performer Eminem, some of which
involve fantasies about killing his ex-wife. App. 225. In
Elonis’s view, he had posted “nothing . . . that hasn’t been
said already.” Id., at 205. The Government presented as
witnesses Elonis’s wife and co-workers, all of whom said
they felt afraid and viewed Elonis’s posts as serious
threats. See, e.g., id., at 153, 158.
Elonis requested a jury instruction that “the government must prove that he intended to communicate a true
threat.” Id., at 21. See also id., at 267–269, 303. The
District Court denied that request. The jury instructions
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