3rd Circ. Keeps Objective Intent Standard For Threats

Law360, New York (September 19, 2013, 8:35 PM EDT) -- The Third Circuit ruled Thursday that the difference between true threats and protected free speech doesn't hinge on whether a defendant subjectively intended his statements to threaten, upholding a Pennsylvania man's convictions for threats to his wife, law enforcement officials and others over Facebook.

Anthony Elonis tried to overturn his convictions by arguing that the U.S. Supreme Court's 2003 decision in Virginia v. Black required a subjective intent to threaten and that he didn't mean for the Facebook posts — in which he discussed killing his...
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