No. 21-497

T. E. L., a Minor v. Florida

Lower Court: Florida
Docketed: 2021-10-04
Status: Granted
Type: Paid
Relisted (2)
Tags: criminal-statute due-process elonis-v-united-states first-amendment free-speech intent-requirement speech-protection supreme-court-precedent virginia-v-black watts-v-united-states
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

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)?

Question Presented (AI Summary)

Whether Florida Statute § 790.162 violates the First Amendment

Docket Entries

2021-12-06
Motion to unseal the petition for a writ of certiorari GRANTED.
2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-05
Motion to unseal the petition for a writ of certiorari filed by petitioner T.E.L., a Minor.
2021-10-04
Motion (21M21) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2021-09-01
MOTION (21M21) DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Motion (21M21) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-08-20

Attorneys

T. E. L., a Minor
Bruce S. Rogow — Petitioner