WASHINGTON — From the violent lyrics of rap music to the crude comments of teenagers in video-game chat rooms, the Supreme Court struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
WASHINGTON — From the violent lyrics of rap music to the crude comments of teenagers in video-game chat rooms, the Supreme Court struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
The justices considered the case of a Pennsylvania man convicted of posting violent threats on Facebook — in the form of rap lyrics — about killing his estranged wife, shooting up a school and slitting the throat of an FBI agent.
Lawyers for Anthony Elonis say he didn’t mean to threaten anyone. They contend his posts under the pseudonym “Tone Dougie” were simply a way for him to vent his frustration over splitting up with his wife.
The government argues the proper test is not what Elonis intended, but whether his words would make a reasonable person feel threatened. That’s the standard a jury used in convicting him under a federal law barring threats of violence.
Some justices seemed concerned that the government’s position is too broad and risks sweeping in language protected by the First Amendment. But there seemed to be little agreement over what standard to use.
