U.S. v. Viefhaus

1 Citing brief

  1. United States of America v. Dillard

    MEMORANDUM IN SUPPORT of 3 MOTION for Preliminary Injunction

    Filed April 7, 2011

    A true threat does not require the speaker to actually intend to carry out the threat, nor does it require the maker of the threat to have the apparent ability to carry out the threat. Viefhaus, 168 F.3d at 395–96. The inquiry focuses on whether a recipient would reasonably consider that an actual threat has been made.