Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.

The U.S. Court of Appeals for the Third Circuit followed the lead of most circuits that have ruled on the issue — with the exception of the Ninth Circuit — declining to interpret a 2003 opinion from the U.S. Supreme Court as requiring subjective intent from the speaker in order to trigger the true-threat exception to the First Amendment's protection of speech.