What is the suggested instruction you would have in order to eliminate liability in my hypothetical inJustice Scalia hypothetical . It has to suggest a serious intention of the speaker to inflict bodily harm. The instruction in this case. It wasnt requested. If you are saying it is waived, that is something else. The instruction given in this case does not meet the standard you just gave. Just is kennedy, i think it does. It was understood as being a reference to the speakers intent to carry out the threat. It seems to me if that is the case, you should have no problem at all to suggest the instruction of specific intent. As you well know all the time. Let me give you a couple examples of what mr. Elwoods position would cut out. It would cut out people who are reckless from the people consciously aware this would be taken as a serious expression of intent to do harm and the speakers are entirely disregard. How about using that exact and are quite it is standard to what Justice Breyer h