8
ELONIS v. UNITED STATES
Opinion of ALITO, J.
See New York Times, 376 U. S., at 279–280 (civil liability);
Garrison, 379 U. S., at 74–75 (criminal liability). Requiring proof of recklessness is similarly sufficient here.
III
Finally, because the jury instructions in this case did
not require proof of recklessness, I would vacate the judgment below and remand for the Court of Appeals to decide
in the first instance whether Elonis’s conviction could be
upheld under a recklessness standard.
We do not lightly overturn criminal convictions, even
where it appears that the district court might have erred.
To benefit from a favorable ruling on appeal, a defendant
must have actually asked for the legal rule the appellate
court adopts. Rule 30(d) of the Federal Rules of Criminal
Procedure requires a defendant to “inform the court of the
specific objection and the grounds for the objection.” An
objection cannot be vague or open-ended. It must specifically identify the alleged error. And failure to lodge a
sufficient objection “precludes appellate review,” except for
plain error. Rule 30(d); see also 2A C. Wright & P. Henning, Federal Practice and Procedure §484, pp. 433–435
(4th ed. 2009).
At trial, Elonis objected to the District Court’s instruction, but he did not argue for recklessness. Instead, he
proposed instructions that would have required proof that
he acted purposefully or with knowledge that his statements would be received as threats. See App. 19–21. He
advanced the same position on appeal and in this Court.
See Brief for Petitioner 29 (“Section 875(c) requires proof
that the defendant intended the charged statement to be a
‘threat’ ” (emphasis in original)); Corrected Brief of Appellant in No. 12–3798 (CA3), p. 14 (“[A] ‘true threat’ has
been uttered only if the speaker acted with subjective
intent to threaten” (same)). And at oral argument before
this Court, he expressly disclaimed any agreement with a
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