Friday, December 15, 2017

Intent...**

150601_JURIS_FBIntimidation

The Supreme Court ruled in favor of a Pennsylvania man who posted several violent messages on Facebook and was convicted under a federal threat statute.

The Supreme Court rejected that view and decided that people cannot be convicted of the crime of sending threats unless they had an “awareness of some wrongdoing,” which is needed to show criminal intent.

The court’s opinion rested on a subtle point of criminal law and said nothing about the 1st Amendment or free speech. But it is likely to shield people who rant online or muse darkly about carrying out violent acts.

Chief Justice John G. Roberts Jr., however, said the court decided to focus narrowly on a historic principle of criminal law. Before someone can be convicted of a crime, they should be at least aware that what they were doing was wrong.

A defendant can be convicted if he “transmits a communication for the purpose of issuing a threat or with the knowledge that the communication will be viewed as a threat,” the chief justice said.   So Be Carefull...

No comments:

Post a Comment