Supreme Court 2014: Justices to Hear First Amendment Case Based on Threatening Language on Internet
Supreme Court justices are set to hear a case Monday, which probes the limits of free speech over the Internet, The Associated Press reported.
In a case originating from Bethlehem, Pennsylvania, a couple has been to court over the ex-husband's Facebook posts. Anthony Elonis posted a series of rap lyrics about killing his ex-wife, shooting a kindergarten class and attacking an FBI agent.
The Supreme Court will decide whether or not such posts are protected under the First Amendment.
To date, the perception of threat has been based off of the intention to afflict "true harm" to an individual. The courts have held to the ruling for four decades that protect political hyperbole and sharp attacks, while discerning the potential for a real threat toward an individual or group.
But Elonis' ex-wife said she genuinely felt threatened after seeing the post.
Elonis said he posted the lyrics under the pseudonym "Tone Dougie" to vent his frustration after the marriage ended, paired with his loss of a job working at an amusement park.
Elonis' lawyers said the posts were influenced by Eminem, who has produced songs about killing his ex-wife.
He was convicted of making threats of violence and sentenced to about four years in federal prison, and a federal appeals court rejected his filing, which claimed that his posts were protected by the First Amendment.
The rejection was based off of a number of government opinions.
The Obama administration has established that requiring proof that the speaker really intended to act on their threats would undermine the protective nature of the law.
The National Center for Victims of Crime added that proof would make the crime harder to prosecute.
"Victims of stalking are financially, emotionally and socially burdened by the crime regardless of the subjective intent of the speaker," the organization said.
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