13-983

Question Presented:

Whether, consistent with the First Amendment and Virginia v. Black, 538 U.S. 343 (2003), conviction of threatening another person requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a "reasonable person"
would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort.

Merit Briefs

• Brief for Petitioner, Anthony D. Elonis
• Brief for Respondent, United States
• Reply Brief for Petitioner Anthony D. Elonis

Amicus Briefs

• Brief for the American Civil Liberties Union, the Abrams Institute for Freedom of Expression, the Cato Institute, the Center for Democracy & Technology, and the National Coalition Against Censorship, in Support of Petitioner
• Brief for the Center for Individual Rights in Support of Petitioner
• Brief for the Marion B. Brechner First Amendment Project and Rap Music Scholars (Professors Erik Nielson And Charis E. Kubrin) in Support of Petitioner
• Brief for People for Ethical Treatment of Animals, Inc. (PETA), Carol Crossed, Chris Coatney, Daniel Miller, Operation Rescue, Citizens for a Pro-Life Society, Pro-Life Action League, Inc., Missionaries to the Preborn, Defend Life, Survivors, Pro-Life Action Ministries, and Votelife America in Support of Petitioner
• Brief for the Reporters Committee for Freedom of the Press and Nine Media Organizations, in Support of Petitioner
• Brief for the Rutherford Institute, in Support of the Petitioner
• Brief for the Student Press Law Center, the Electronic Frontier Foundation, and Pen American Center in Support of Petitioner
• Brief for the Thomas Jefferson Center for the Protection of Free Expression, the Pennsylvania Center for the First Amendment, Cartoonists Rights Network International, and Chris Dickey in Support of the Petitioner
• Brief for the Anti-Defamation League in Support of Respondent
• Brief for the Criminal Justice Legal Foundation in Support of Respondent
• Brief for the Domestic Violence Legal Empowerment and Appeals Project and Professor Margaret Drew in Support of Respondent
• Brief for National Center for Victims of Crime in Support of Respondent
• Brief for the National Network to End Domestic Violence, et al. in Support of Respondent
• Brief for Wisconsin and Seventeen Other States, the District Of Columbia, Guam, and the National District Attorneys Association in Support of Respondent