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U.S. v. ELONIS

No. 12-3798.

730 F.3d 321 (2013)

UNITED STATES of America v. Anthony Douglas ELONIS, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 19, 2013.

Attorney(s) appearing for the Case

Ronald H. Levine, Esq. , [ARGUED], Abraham J. Rein, Esq. , Post & Schell, Philadelphia, PA, for Appellant.

Sherri A. Stephan, Esq. , Office of United States Attorney, Allentown, PA, Robert A. Zauzmer, Esq. , [ARGUED], Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: SCIRICA, HARDIMAN, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This case presents the question whether the true threats exception to speech protection under the First Amendment requires a jury to find the defendant subjectively intended his statements to be understood as threats. Anthony Elonis challenges his jury conviction under 18 U.S.C. § 875(c), arguing he did not subjectively intend his Facebook posts to be threatening. In United States v. Kosma,

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