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Supreme Court To Decide Whether Rap Lyric Threats Are Free Speech
The U.S. Supreme Court is set to hear oral arguments in Elonis v. United States, in a case that could result in more attention paid to language in online postings. After a series of angry posts on Facebook in the form of explicit rap lyrics "about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent," Anthony Elonis "was convicted of making threats of violence and sentenced to nearly four years in federal prison. A federal appeals court rejected his claim that his comments were protected by the First Amendment.
The Obama administration says requiring proof that a speaker intended to be threatening would undermine the law's protective purpose. In its brief to the court, the Justice Department argued that no matter what someone believes about his comments, it does not lessen the fear and anxiety they might cause for other people.
What the fuck did you just fucking say about me, you little bitch? I’ll have you know I graduated top of my class in the Navy Seals, and I’ve been involved in numerous secret raids on Al-Quaeda, and I have over 300 confirmed kills. I am trained in gorilla warfare and I’m the top sniper in the entire US armed forces. You are nothing to me but just another target. I will wipe you the fuck out with precision the likes of which has never been seen before on this Earth, mark my fucking words. You think you can get away with saying that shit to me over the Internet? Think again, fucker. As we speak I am contacting my secret network of spies across the USA and your IP is being traced right now so you better prepare for the storm, maggot. The storm that wipes out the pathetic little thing you call your life. You’re fucking dead, kid. I can be anywhere, anytime, and I can kill you in over seven hundred ways, and that’s just with my bare hands. Not only am I extensively trained in unarmed combat, but I have access to the entire arsenal of the United States Marine Corps and I will use it to its full extent to wipe your miserable ass off the face of the continent, you little shit. If only you could have known what unholy retribution your little “clever” comment was about to bring down upon you, maybe you would have held your fucking tongue. But you couldn’t, you didn’t, and now you’re paying the price, you goddamn idiot. I will shit fury all over you and you will drown in it. You’re fucking dead, kiddo.
Morse.
Mit der Dummheit kämpfen Götter selbst vergebens
The linked copypasta is actually germane to the case. Your grandmother who never used the Internet would likely perceive it as a threat. Those of us who live on the Internet recognize it for what it is.
To further illustrate the point:
What in the blue blazes did you just say about my client, you prevaricating bitch? I'll have you know I graduated top of my class in Harvard, and I've been involved in numerous cases before the Supreme Court, and I have over 300 cases settled with extreme prejudice. I am trained in litigation and I'm the top lawyer in the entire bar. You are nothing to me but just another defendant. I will wipe you the fuck out with decisions the likes of which has bever been seen before in this Court, mark my fucking words. You think you can defame my client over the Internet? Think again, fucker. As we type I am subpoenaing NSA and your IP is being traced right now so you better prepare for the deposition, maggot. The deposition that wipes out the pathetic little thing you call your life. You're in fucking contempt, kid. I can be anywhere, anytime, and I can drag this case out in over seven hundred ways, and that's just with this pen. Not only am I extensively trained in litigation, but I have access to the entire arsenal of the Federal Rules of Civil Procedure and I will use it to its full extent to wipe your miserable ass off the face of the docket, you little shit. If only you could have known what unholy retribution your little "clever" comment was about to bring down upon you, maybe you would have held your fucking tongue. But you couldn't, you didn't, and now you're paying the price, you goddamn idiot. I will file suit all over you and you will drown in it. I refer you to the reply given in the case of Arkell v. Pressdram, kiddo!
It's the middle ground between threat and hyperbole (or in this post, the line between barratry and comedy) that things get hairy. And that is precisely what the Supreme Court is dealing with in this case.
That's the very argument GP is arguing against. What's the retort to that point?
The founding fathers were wrong when they thought their descendents wouldn't turn into absolute morons within three centuries.
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.