John W. Whitehead, Constitutional Attorney

“A person under surveillance is no longer free; a society under surveillance is no longer a democracy.”—Writers Against Mass Surveillance
THE GOOD NEWS: Americans have a right to freely express themselves on the Internet, including making threatening—even violent—statements on Facebook, provided that they don’t intend to actually inflict harm.
The Supreme Court’s ruling in Elonis v. United States threw out the conviction of a Pennsylvania man who was charged with making unlawful threats (it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail after he posted allusions to popular rap lyrics and comedy routines on his Facebook page. It’s a ruling that has First Amendment implications for where the government can draw the line when it comes to provocative and controversial speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.
That same…
View original post 992 more words
[…] via Free Speech, Facebook and the NSA: The Good, the Bad and the Ugly. […]
LikeLike