Foreword
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…
