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Supreme Court Overturns Conviction For Man Who Posted 'Threatening' Messages On Facebook
schwit1 sends news that the U.S. Supreme Court has ruled 7-2 in favor of Anthony Elonis, a man who wrote a series of angry messages on Facebook. The posts included quotes from rap lyrics containing "violent imagery," and were directed at Elonis's wife, his co-workers, law enforcement, and a kindergarten class. Elonis was charged and convicted under a federal statute that outlaws "any communication containing any threat to kidnap any person or any threat to injure the person of another." The jury in his case was told the standard for judging such a threat was whether a "reasonable person" would interpret it as such. According to the Court's ruling (PDF), that standard was not enough to convict him. They call it "a standard feature of civil liability in tort law inconsistent with the conventional criminal conduct requirement of 'awareness of some wrongdoing.'" The case is notable for being the first Supreme Court ruling about free speech on social media, but the ruling itself was quite narrow.
Good. I should be able to offend you as much as I like, provided you're willing to stick around and listen.
Not at all, what we need to do is protect everybody from the threat of harm by confining them in a mental health ward until they admit they are dangerous and need to be kept confined.