Elonis v. United States (2015) – Threats – 1st Amendment

In this Dec. 1, 2014 photo, John P. Elwood, attorney for Anthony D. Elonis, who claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent, speaks to reporters outside the Supreme Court in Washington. The Supreme Court on Monday threw out the conviction of a Pennsylvania man convicted of making threats on Facebook, but dodged the free speech issues that had made the case intriguing to First Amendment advocates. Chief Justice John Roberts, writing for seven justices, said it was not enough for prosecutors to show that the comments of Anthony Elonis would make a reasonable person feel threatened. But the court did not specify to lower courts exactly what the standard of proof for true threats should be. (AP Photo/Susan Walsh, used with permission from the Associated Press)

Elonis v. United States (2015) – Threats – 1st Amendment   In Elonis v. United States 575 US __ (2015), Chief Justice John G. Roberts, Jr. was joined by six justices who reversed a trial court conviction, which had been upheld by the 3rd U.S. Circuit Court of Appeals. They decided that Anthony Douglas Elonis had been improperly convicted … Continue reading Elonis v. United States (2015) – Threats – 1st Amendment

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