This holding does not help the Government. In fact, the
Court in Hamling approved a state court’s conclusion that
requiring a defendant to know the character of the material
incorporated a “vital element of scienter” so that “not
innocent but calculated purveyance of filth . . . is exorcised.”
Id., at 122 (quoting Mishkin v. New York, 383 U. S.
502, 510 (1966); internal quotation marks omitted). In
this case, “calculated purveyance” of a threat would require
that Elonis know the threatening nature of his
communication. Put simply, the mental state requirement
the Court approved in Hamling turns on whether a defendant
knew the character of what was sent, not simply
its contents and context.
This holding does not help the Government. In fact, theCourt in Hamling approved a state court’s conclusion thatrequiring a defendant to know the character of the materialincorporated a “vital element of scienter” so that “notinnocent but calculated purveyance of filth . . . is exorcised.”Id., at 122 (quoting Mishkin v. New York, 383 U. S.502, 510 (1966); internal quotation marks omitted). Inthis case, “calculated purveyance” of a threat would requirethat Elonis know the threatening nature of hiscommunication. Put simply, the mental state requirementthe Court approved in Hamling turns on whether a defendantknew the character of what was sent, not simplyits contents and context.
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