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Facebook Threats Argument

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Robert Barnes has this report in the WaPo on the oral argument in the Facebook threats case, Elonis v. United States.

As Bill noted earlier, I did a teleforum for the Federalist Society on the case.  It should be available as a podcast tomorrow.  We will post a link here then.

One thing that is clear from the argument is that counsel for Elonis abandoned the position that a subjective purpose to intimidate is constitutionally required.  The mental state argument is about what kind of knowledge is required -- knowledge that the statement would be perceived as a threat, knowledge of a grave risk it would be so perceived (i.e., recklessness), or just knowledge of what the statement said, combined with an objective determination that a reasonable person would see it as a threat.

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