Anthony Douglas Elonis, Petitioner v. United States. — Alito, J., Concurring in Part and Dissenting in Part

Summary

Justice Alito argues that the Court should require at least recklessness as the mens rea for convictions under 18 U.S.C. §875(c) and that the jury instructions in Elonis were defective for requiring only negligence. He contends that the First Amendment does not demand a higher intent requirement and that the judgment should be vacated and remanded for determination under a recklessness standard.