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Mens Rea, the First Amendment, and Threats against the Life of the President

Abstract

18 U.S.C. § 871 makes it a crime to knowingly and willfully threaten the President. As the statute punishes speech as well as behavior, a conflict arises between the protections of the First Amendment and the legitimate goals of Section 871. The author proposes a mens rea standard for this section which fulfills the purposes of the statute, while protecting free expression.

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18 Ariz. L. Rev. 863 (1976)

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