Whether Florida Statute § 790.162 violates the First Amendment

QUESTIONS PRESENTED 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 8.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)? ii RELATED CASES e State of Florida v. T.E.L., 2019 CJ 000618 A, In Juvenile Court, Escambia County, Florida. Judgment entered December 12, 2019. e TL. v. State of Florida, 1D20-0208, Order of the District Court of Appeal of Florida, First District, entered February 22, 2021. Rehearing denied March 24, 2021