I cant wait until the Supreme Court decided this case! If they uphold the conviction a lot of Cop Haters and Cop Blockers will find themselves on the recipient end of criminal court action for their threatening statements made on Facebook! The court will decide the following issue(s)... Issue: (1) Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendants 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; and (2) whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendants subjective intent to threaten. ~ Eagle ~
Posted on: Thu, 06 Nov 2014 18:04:50 +0000
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