139 F.4th 484
5th Cir.2025Background
- Justin Gregory Jubert pleaded guilty to cyberstalking under 18 U.S.C. § 2261A(2)(B) related to a months-long campaign of online threats and harassment against M.R., his wife, and their daughters.
- Jubert used multiple Facebook accounts to post escalating insults, threats, and photos targeting the victim and his family, causing substantial emotional distress and prompting significant security measures by the victims.
- Jubert reserved the right to challenge the constitutionality of § 2261A(2)(B) on First Amendment grounds on appeal, arguing both as-applied and facial overbreadth.
- The district court denied Jubert's facial attack on the statute but proceeded to trial on the as-applied challenge. Jubert then pled guilty and appealed.
- The Court of Appeals reviewed de novo whether § 2261A(2)(B) is unconstitutional as overbroad or as applied to Jubert’s conduct.
Issues
| Issue | Jubert's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether § 2261A(2)(B) is unconstitutional as applied | Statute punishes speech, not conduct; his online posts were not 'true threats.' | His posts were true threats and unprotected by First Amendment. | Statute constitutional as applied; Jubert’s speech was 'true threats.' |
| Whether § 2261A(2)(B) is facially overbroad | Statute criminalizes protected speech, including offensive or annoying speech. | Statute targets persistent, intentional harassment, not protected speech. | Statute is not facially overbroad; it punishes unprotected conduct. |
Key Cases Cited
- Abrams v. United States, 250 U.S. 616 (theory of free speech under the Constitution)
- Ashcroft v. ACLU, 535 U.S. 564 (content restrictions and the First Amendment)
- United States v. Alvarez, 567 U.S. 709 (categories of unprotected speech)
- Virginia v. Black, 538 U.S. 343 (true threats and First Amendment exception)
- Brandenburg v. Ohio, 395 U.S. 444 (imminent lawless action and free speech)
- Ashcroft v. Free Speech Coalition, 535 U.S. 234 (overbreadth doctrine explained)
- Broadrick v. Oklahoma, 413 U.S. 601 (standing and overbreadth in First Amendment context)
- Snyder v. Phelps, 562 U.S. 443 (protection for hurtful but public speech)
- Hustler Mag., Inc. v. Falwell, 485 U.S. 46 (parody and public figures)