http://www.chicagotribune.com/news/nationworld/chi-supreme-court-facebook-case-20141201-story.htmlThe U.S. Supreme Court appeared conflicted on Monday over whether to uphold the conviction of a Pennsylvania man found guilty of making threatening statements to his estranged wife, law enforcement officers and others on social media.
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The nine justices heard a one-hour oral argument in an appeal filed by Anthony Elonis, who posted a series of statements on Facebook in 2010 soon after his wife left him. The legal question is whether prosecutors needed to show Elonis' intent to threaten or if it was enough for them to show that a reasonable person would have felt threatened.
In weighing Elonis' comments, which were made in the form of rap lyrics, some justices appeared concerned about a broad range of speech being criminalized, including ill-advised remarks by teenagers on social media and songs by rap artists such as Eminem known for violent imagery in their lyrics.
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If SCOTUS says that it is OK to type threatening "lyrics" about someone on-line, will liberals at least now understand the need for conceal carry?
Barry3
at 2:31 PM December 01, 2014
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The posts were mostly in the form of rap lyrics in which he fantasized about committing violent acts. One recounted a visit by an FBI agent in which he imagined murdering her: "Pull my knife, flick my wrist, and slit her throat/ Leave her bleedin' from her jugular in the arms of her partner."
Elonis' lawyers say his statements are little different from lyrics written by performers like rapper Eminem. In his 2000 song "Kim," Eminem rapped about killing his wife and putting her body in the trunk of his car.
Double standards are at play, Elonis' lawyers say. Elonis was prosecuted and spent more than three years in prison while Eminem won a Grammy award for the album that included "Kim."
Elonis, who is from eastern Pennsylvania and was 27 when he made the statements, testified at trial one of his posts was based on another Eminem song.
Some academics who study rap have filed court papers supporting Elonis. They cite lyrics by other rap artists including Wu-Tang Clan and Jay Z.
"It's a genre that often seems violent and threatening when it isn't," said University of Richmond assistant professor Erik Nielson, who participated in the court filing.
The legal question is whether prosecutors needed to show the statements were intended as a threat. The Justice Department says prosecutors need only prove the statements could be interpreted as a threat by a reasonable person.
Elonis was convicted of violating a federal law that outlaws sending threatening communications. Last year, the Philadelphia-based 3rd U.S. Circuit Court of Appeals upheld the conviction.
A ruling is expected by the end of June.
The case is Elonis v. USA, U.S. Supreme Court, 13-983.
Reuters
