Cite as: 575 U. S. ____ (2015)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order
that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
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No. 13–983
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ANTHONY DOUGLAS ELONIS, PETITIONER v.
UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE THIRD CIRCUIT
[June 1, 2015]
CHIEF JUSTICE ROBERTS delivered the opinion of the
Court.
Federal law makes it a crime to transmit in interstate
commerce “any communication containing any threat . . .
to injure the person of another.” 18 U. S. C. §875(c).
Petitioner was convicted of violating this provision under
instructions that required the jury to find that he communicated what a reasonable person would regard as a
threat. The question is whether the statute also requires
that the defendant be aware of the threatening nature of
the communication, and—if not—whether the First
Amendment requires such a showing.
I
A
Anthony Douglas Elonis was an active user of the social
networking Web site Facebook. Users of that Web site
may post items on their Facebook page that are accessible
to other users, including Facebook “friends” who are notified when new content is posted. In May 2010, Elonis’s
wife of nearly seven years left him, taking with her their
two young children. Elonis began “listening to more vio-
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