Excerpt
When is a threat just bluster, and when is it a “true threat” that can be punished by fines and jail time? That’s a question the U.S. Supreme Court is considering this term.
The case at issue began in May 2010, when 27-year-old Anthony D. Elonis’s wife of nearly seven years left him, taking their two children with her. Over the course of the rest of the year, Elonis’s mental state deteriorated. He became depressed and began posting violent rap lyrics — quoted or his own — and threatening language on his Facebook page.
Although he said the comments were made in jest or as part of his art, th…
Buy Full Issue$19.95In This Issue
-
Foreword
Read More -
Inside the Court
Pregnancy Discrimination, Religious Freedom, and Health Care Reform on the Docket
Read More -
Gun Rights, Agency Power and Free Speech on the Docket
Read More -
Threatening Speech
Overview of Exceptions to Freedom of Expression
Read More -
303 Creative v. Elenis
The Court Protects a Designer From Having to Promote Gay Marriage
Read More -
Lower Court Holding in United States v. Elonis
Decision of the Third Circuit U.S. Court of Appeals
Read More -
Andy Warhol Foundation v. Goldsmith
The Court Rules a Warhol Painting Infringes Copyright
Read More -
Before the Court in Elonis v. United States
The Justices Weigh in on the Facebook Threats
Read More
Pro & Con
Should Subjective Intent Be Considered When Deciding Whether Threats Against a Person Violate Federal Law?
