The Supreme Court on Monday will consider whether violent language posted on social media is covered by the First Amendment’s protection of free speech.
The case, Elonis v. United States, hinges around the question of whether a Facebook message can be considered a “true threat,” or a threat a reasonable person would determine to be real. That would be an important distinction, because “true threats” don’t get First Amendment coverage. But it won’t be an easy problem to solve: While it can be easy to call a threat “true” if it’s given verbally, making that call gets harder when threats are posted online, where they lack the context, tone and other indicators of intent present in verbal communication. It’s also arguably easier to make threats online, especially if it’s done anonymously.
A lower court had sentenced Pennsylvania man Anthony Elonis to about four years in federal prison over…
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