Does a Facebook Poster Need More Than "General Intent" for a Post to Be Considered a "True Threat" and Punishable Under Criminal Law? This episode explores the complex question of what constitutes a "true threat" under criminal law, specifically in the context of Facebook posts, as examined in the landmark Supreme Court case Elonis v. United States. Supreme Court Chief Justice John Roberts holds that more than a general-intent standard is required to hold a Facebook poster criminally liable for the contents of the post. Supreme Court Justice Samuel Anthony Alito argues that the majority is unclear as to the state of mind necessary for someone posting a threat on Facebook to be criminally liable for a "true threat."
