Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
When Is A Youtube Video A "True Threat"?, Pedro Celis
When Is A Youtube Video A "True Threat"?, Pedro Celis
Washington Journal of Law, Technology & Arts
In United States v. Jeffries, the Sixth Circuit upheld a defendant’s conviction under 18 U.S.C. § 875(c) for transmitting a threat through interstate commerce after the defendant posted a music video on YouTube. The video threatened a local judge presiding over the defendant’s child custody proceedings. Circuits have split on whether § 875(c) and other similar federal threat statutes require the defendant to possess a subjective intent to threaten. This Article argues that the “true threat” test courts use to apply § 875(c) essentially incorporates a subjective intent to threaten. The Article then applies the subjective intent requirement to …