United States v. Marc Keyser

In an effort to drum up publicity for a self-published book on the dangers of anthrax, Marc Keyser feigned multiple acts of biological terrorism. After mailing hundreds of packets of powder labeled “Anthrax” — which were actually full of sugar — Keyser was convicted on two counts of mailing threatening communications under 18 U.S.C. § 876 (c) (“threat” counts) and three counts of communicating false or misleading information regarding the presence of a biological weapon under 18 U.S.C. § 1038 (a) (“hoax” counts). He was sentenced to 51 months in prison. He now appeals his conviction and sentence.

Keyser contends that ah of his convictions should be overturned because his communications were protected expression under the First Amendment. We disagree, concluding that his statements fall into categories of speech that do not enjoy constitutional protection. He also argues that he cannot be convicted under the threat statute, because his statements were addressed to a generic “manager,” not to specific natural persons. The title of “manager,” however, sufficiently indicates that the mailings were addressed to natural persons, which is ah the statute requires. See United…