Elonis v. United States

Facts

Anthony Elonis was an active Facebook user. In May 2010 his wife of nearly seven years left him and took their two young children. He began posting self-styled rap lyrics under the name "Tone Dougie." The lyrics contained graphically violent language, often alongside disclaimers that they were fictitious. After he was fired from an amusement park job, he posted about the park. He also posted a script that adapted a satirical sketch, substituting his wife for the President, and a post about a protection-from-abuse order she had obtained, which mentioned explosives and the State Police. He posted a passage about a school shooting at a kindergarten class. After FBI agents visited him, he posted lyrics about slitting an agent's throat. After viewing some of the posts, his wife felt extremely afraid for her life. He had posted that his writing was therapeutic, and at trial he testified that his posts emulated the rap lyrics of Eminem. The Government's witnesses, his wife and co-workers, said they viewed the posts as serious threats. These posts were the basis for the counts of the indictment.

Issues

1. Does a conviction under 18 U.S.C. § 875(c) for transmitting a threat require proof of the defendant's mental state about the threatening nature of the communication, or may it rest solely on how a reasonable person would understand it?
2. Did the Court need to decide whether recklessness suffices under § 875(c), or whether the First Amendment requires a showing that the defendant was aware of the threatening nature of the communication?

Holding

A § 875(c) conviction cannot rest solely on whether a reasonable person would regard the communication as a threat, because negligence is not sufficient. The Court did not decide whether recklessness suffices and did not reach the First Amendment. The Court reversed the Court of Appeals' judgment and remanded.