Justices Leave Intent Subjective In Facebook Threat Case

Law360, New York (June 1, 2015, 9:19 PM EDT) -- The U.S. Supreme Court declared Monday that a social media posting can't be considered threatening if that wasn't the author's intent, but the justices' failure to address key First Amendment issues will leave lower courts divided on how to define intent in similar cases, attorneys say.

In a 7-2 decision, the high court reversed the Third Circuit's September 2013 ruling that held that the test for determining whether a statement can be deemed a true threat hinges on how a reasonable observer would view the message, rather than whether the speaker intended for the posts to be threatening.

“Federal criminal liability...

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