← All Authorities
United States uncategorised

Elonis v United States

575 U.S. 723 (2015)
JurisdictionUnited States
CourtSupreme Court of the United States
Year2015
StatusBinding authority

Summary

Negligence is insufficient mens rea for threatening communications; at least recklessness is required under federal true-threats statute.

Key Principle

true threats; negligence insufficient mens rea for threatening communication; at least recklessness required

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

Ask CommonBench about this case

Get a detailed analysis of Elonis v United States and how it applies to your situation.

Explain Elonis v United States