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1 Elonis v. United States, is the main case on 875(c). What is the mental state Elonis needs to
have with respect to whether the communication he was making would be understood as a
serious expression of intent to harm? How much does it really matter if people are pretty aware
of how their speech is being received? 2 Please review Criminalizing Revenge P*rn from
Professors Citron and Franks. It raises the question of what kind of legislative response is
appropriate. Congress has not (yet) enacted a nonconsensual pornography law. Should it enact
one, and how far should it go? Should federal law focus on the element of revenge, punishing the
intent to harm?

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