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Monday, June 16, 2014

Courts - SCOTUS today grants cert in "true threat" case

The case is Anthony D. Elonis v. United States. Here is the cert petition, via this April 8th post by Michelle Olsen on Appellate Daily, headed "Facebook Case Tests Scope of ‘True Threat.’". Olsen's post begins:

A man convicted of making threats using Facebook has asked the U.S. Supreme Court to resolve a circuit split over what constitutes a “true threat.”

Under the pseudonym “Tone Dougie,” Anthony Douglas Elonis posted violent content on Facebook about his wife and others, often in the form of rap lyrics.

Elonis was convicted under 18 U.S.C. § 875(c), which makes it a federal crime to transmit “any threat to injure the person of another” in interstate commerce. There are comparable state laws.

On May 1 our Indiana Supreme Court decided Brewington v. State, which centered on protected speech and unprotected true threats.

Posted by Marcia Oddi on June 16, 2014 09:48 AM
Posted to Courts in general