1. Whether Florida Statute § 790.162 (2007), which
makes it a second degree felony to threaten to
"throw, project, place or discharge any
destructive device with intent to do bodily harm
to any person or with intent to do damage to any
property" violates the First Amendment?
2. Whether the 2017 Florida jury instructions,
approved after the denial of certiorari in Perez
v. Florida, 137 S.Ct 853, 197 L.Ed.2d 480 (2017)
(Sotomayor, J. concurring in the denial of
certiorari), perpetuated the First Amendment
violation and violated due process of law by
stating that the statute "requires that the threat
convey an intent to do bodily harm or property
damage, not necessarily that the defendant had
the intent to actually do such harm or damage."?
3. Whether the Statute and jury instructions are
contrary to the holdings in Elonis v. United
States, 135 S.Ct. 2001, 192 L.Ed. 2d 1 (2015);
Virginia v. Black, 588 U.S. 348, 123 S.Ct. 1536
(2003); Watts v. United States, 394 U.S. 705, 89
S.Ct. 1399 (1969)?
Whether Florida Statute § 790.162 violates the First Amendment