A South Florida woman has won the reversal of her federal conviction for a late-night email in which she said she would go to a government building and show “government hacks” what the Second Amendment “is all about.”
The U.S. Court of Appeals for the Eleventh Circuit on Sept. 3 vacated Ellisa Martinez’s conviction based on a June decision by the U.S. Supreme Court construing the federal statute on criminal threats. While not answering precisely what the government had to prove in order to secure a conviction under that statute, the justices said in Elonis v. United States that the government had to prove more than merely that a reasonable person would regard the defendant’s communication as a threat.
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