Elonis vs. United States Raises First Amendment Questions

In December of 2014, the Supreme Court will hear a case titled Elonis v. United States. Elonis v. United States is an important First Amendment challenge that is facing a major First amendment issue of modern times; specifically, whether or not Internet threats are to be taken seriously. This case will once and for all decide whether violent threats over Facebook, or other social media outlets, are a First Amendment right. The defendant, who allegedly was exhibiting strange behavior at work and in public, posted rap lyrics he had written that threatened his wife and an FBI agent that was investigating him, and referenced other violent things, such as school shootings. Elonis was convicted by a Pennsylvania Federal Court to approximately three and a half years in prison, but appealed on an argument of First Amendment Rights.  

Elonis has made the argument that his themes in his rap lyrics are common in all rap music, and that rap music is a form of protest. Though his lyrics were in fact violent, it is true that themes in rap songs often take the violent tone that Elonis did. It is also a fact that music has traditionally been recognized as a form of protest, and, furthermore, violent and illegal rap lyrics are posted all over the internet. It seems that limiting Elonis’ rights does in fact violate a form of protest and freedom of expression.

Read more about the case at these links:

http://www.slate.com/articles/news_and_politics/jurisprudence/2014/06/elonis_v_united_states_supreme_court_will_hear_the_facebook_speech_case.html

http://newsinpenn.com/facebook-posts-prompt-supreme-court-review/

by Caitlin Pond