VICTORY: U.S. Supreme Court Affirms Protections for Free Speech on Social Media and the Internet, Even If That Speech Is Threatening or Provocative

Posted: June 1, 2015 by gamegetterII in Uncategorized

John W. Whitehead's avatarJohn W. Whitehead, Constitutional Attorney

WASHINGTON, D.C. — Ruling in a case that will significantly impact expression on Facebook, Twitter and other social networks, a near-unanimous U.S. Supreme Court declared in Anthony D. Elonis v. United States of America that threats made over the Internet are protected unless they are malevolent or reckless. In weighing in on the case, The Rutherford Institute had argued that the First Amendment protects even inflammatory statements that may give offense or cause concern to others unless the statements were a credible threat to engage in violence against another and made by the defendant with the intent to cause fear in the alleged victim.

The case arises out of Facebook postings made by Anthony Elonis expressing his anger about events in his life, and which were based upon rap lyrics of artists such as Eminem and a comedy sketch of the group The Whitest Kids U’ Know. The Court’s ruling…

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