Cite as: 575 U. S. ____ (2015)
9
THOMAS, J., dissenting
ing that he acted in self-defense has not been penalized
under a negligence standard merely because he does not
know that the jury will reject his argument that his “belief
in the necessity of using force to prevent harm to himself
[was] a reasonable one.” See 2 W. LaFave, Substantive
Criminal Law §10.4(c), p. 147 (2d ed. 2003).
The Court apparently does not believe that our tradi
tional approach to the federal obscenity statute involved a
negligence standard. It asserts that Hamling “approved a
state court’s conclusion that requiring a defendant to
know the character of the material incorporated a ‘vital
element of scienter’ so that ‘not innocent but calculated
purveyance of filth . . . is exorcised.’ ” Ante, at 15 (quoting
Hamling, 418 U. S., at 122 (in turn quoting Mishkin v.
New York, 383 U. S. 502, 510 (1966)). According to the
Court, the mental state approved in Hamling thus “turns
on whether a defendant knew the character of what was
sent, not simply its contents and context.” Ante, at 15. It
is unclear what the Court means by its distinction be
tween “character” and “contents and context.” “Character”
cannot mean legal obscenity, as Hamling rejected the
argument that a defendant must have “awareness of the
obscene character of the material.” 418 U. S., at 120
(internal quotation marks omitted). Moreover, this dis
cussion was not part of Hamling’s holding, which was
primarily a reaffirmation of Rosen. See 418 U. S., at 120–
121; see also Posters ’N’ Things, 511 U. S., at 524–525
(characterizing Hamling as holding that a ��statute prohib
iting mailing of obscene materials does not require proof
that [the] defendant knew the materials at issue met the
legal definition of ‘obscenity’ ”).
The majority’s treatment of Rosen is even less persua
sive. To shore up its position, it asserts that the critical
portion of Rosen rejected an “ ‘ignorance of the law’ de
fense,” and claims that “no such contention is at issue
here.” Ante, at 15. But the thrust of Elonis’ challenge is
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