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...
To view the full article, register now.




Case Information

Case Title

USA v. Anthony Elonis

Case Number



Appellate - 3rd Circuit

Nature of Suit

Date Filed

October 3, 2012

Law Firms


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.