Verified Document

Free Speech On The Internet Research Paper

Anthony Elonis - 18 U.S.C. §875(c) Case Overview

In this case, Anthony D. Elonis was convicted for publishing a series of Facebook posts describing committing acts of violence towards various people in violation of § 875(c) (Wald and Milazzo). In May 2010, Anthony Elonis's wife moved out of their home with their two young children which consequently angered Elonis who then began posting on his Facebook page descriptions of how he wanted to kill his wife -- one such post, referring to his wife, stated: "If I only knew then what I know now, I would have smothered your ass with a pillow, dumped your body in the back seat, dropped you off in Toad Creek, and made it look like a rape and murder" (Larkin and Richardson). In October 2010, after having lost his job arguably due to another Facebook posting, Elonis's musings became darker and more vitriolic (Lempert).

Because of these and other statements, Elonis's wife was able to obtain a Protection from Abuse order against Elonis on November 4, 2010. The FBI began to monitor Elonis's Facebook posts after Dorney Park also claimed that Elonis had posted threats against their employees on the site. During the investigation, FBI Agents questioned Elonis at his home about his Facebook posts and after they left, Elonis posted the following on his Facebook page (Larkin and Richardson):

"So the next time you knock, you best be serving a warrant

And bring yo' SWAT and an explosives expert while you're at it

Cause little did y'all know, I was strapped wit' a bomb

Why do you think it took me so long to get dressed with no shoes on?

I was jus' waitin' for y'all to handcuff me and pat me down

Touch the detonator in my pocket and we're all goin -- BOOM!'"

The FBI used these statements to officially charge Elonis with the provisions of interstate commerce and the communication of a threat to injure. It is a federal crime to "transmit [] in interstate or foreign commerce any communication containing any threat to injure the person of another," 18 U.S.C. § 875(c) and numerous states have adopted analogous crimes (Wald and Milazzo).

Case Issues

The internet has revolutionized the way that people communicate and share their thoughts and opinions with others. It provides...

However, in some cases free speech has its limits. While the internet can be a remarkable and valuable tool for purposes of exchanging artistic, political, religious and educational ideas that are protected by the First Amendment, it can also be a dangerous tool in the hands of those who seek to cause fear in others through threats and intimidation (Memeger). Facebook, Twitter, MySpace, YouTube, and other social media sites can also be used as medium to threaten, harass, and stalk other citizens.
Determining what constitutes a threat can be a complex and subjective exercise however. Many analysts liken the Facebook posts to other violent expressions such as rap music. Such music notoriously use threatening and violent language but are commonly allowed because they are considered an "art form" and is protected under the first amendment. In fact, Elonis stated that he was inspired by rap music and some of his posts mirrored rap-like lyrics.

"There's one way to love you but a thousand ways to kill you. I'm not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Hurry up and die, bitch, so I can bust this nut all over your corpse from atop your shallow grave." (Lithwick)

Elonis and his defense team tried to argue that his postings were not a "true threat" and his comments were protected under the First Amendment. Elonis changed his Facebook name and did not tag his wife in the messages and thus she could not readily see them. Moreover, the posts that formed the basis of the indictment followed earlier seemingly angry posts which Elonis had characterized as rap lyrics using "crude, spontaneous and emotional language expressing frustration" and explained that he wrote that his postings were "for me. My writing is therapeutic"; this was consistent with his having said that the writings, "help[ed] me deal with the pain." He had also said in earlier posts, "I ain't a legitimate threat," and described himself as "an aspiring…

Sources used in this document:
References

Curtis, G. The Law of Cybercrimes and Their Investigations. CRC Press, 2011. Print.

Eastland, T. Freedom of Expression in the Supreme Court: The Defining Cases. Rowman & Littlefield, 2000. Print.

Kaplin, W. And B. Lee. The Law of Higher Education. John Wiley & Sons, 2011. Print.

Larkin, P. And J. Richardson. "True Threats and the Limits of First Amendment Protection." 8 December 2014. The Heritage Foundation. Online. 9 April 2015. <http://www.heritage.org/research/reports/2014/12/true-threats-and-the-limits-of-first-amendment-protection>.
Wald, C. And C. Milazzo. "Elonis v. United States." 1 December 2014. Cornell University Law School. Online. 9 April 2015. <https://www.law.cornell.edu/supct/cert/13-983>.
Cite this Document:
Copy Bibliography Citation

Related Documents

Free Speech and Cyber Space
Words: 933 Length: 3 Document Type: Research Paper

People can communicate with family and friends even at very long distances without having to pay exorbitant amounts for long-distance calls. Disabled people who are socially isolated have a means of contacting others like themselves. Kids struggling with their homework can receive help from their classmates or get instant feedback from others. There are also the more personal aspects of a person's life which are taken care of by

Free Speech and the Internet With Great
Words: 538 Length: 2 Document Type: Essay

Free Speech and the Internet With great power comes great responsibility, and to much is given, much is expected. These two proverbs, one from a recent film that is the most recent to reference it, and the latter, from the book of Proverbs in the Bible, needs to form the catalyst of free speech policy definition and implementation throughout the Internet. While unbridled, unlimited freedom is the catalyst of chaos, the

Free Speech Rights of College and University Faculty
Words: 5157 Length: 20 Document Type: Term Paper

Free Speech Rights of College and University Faculty This is a paper that outlines Free Speech Rights issues at academic institutions and argues why it is important to preserve it. It has 16 sources. The freedom of speech is something that has to be preserved no matter what the medium of communication may be, and this is because members of society may be greatly disadvantaged if exceptions are made. As compared to the

Free Speech and Book Censorship
Words: 2809 Length: 9 Document Type: Research Paper

Book CensorshipIntroductionThe censorship of information is �one of the most pressing issues in libraries today� (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access to material depending on the content of work. Some of the changes or limitations made on work include removal, restriction, or exclusion. Censorship is a practice that has existed in society since ancient times and has been characterized

Students' Right to Free Speech the Right
Words: 1540 Length: 5 Document Type: Term Paper

Students' Right to Free Speech The right of student to free speech is a matter that has been debated over years. Where many people claim that students, just like any other group of people, have the right of free speech, others claim that students should know where their limits end. Therefore, at many schools, colleges and universities, the students are provided with a code of conduct that they have to follow.

Student Searches Free Speech and Expression and Privacy in the Wired...
Words: 1422 Length: 4 Document Type: Professional Writing

Student Searches, Free Speech & Expression, and Privacy in the Wired Age Student searches and in-school discipline for off-campus conduct Free Speech and Expression on and off campus Privacy in the wired age on and off campus. (Facebook, twitter, myspace, blogs, cellphones) What are a students' constitutional rights when it comes to searches and seizures, on and off campus discipline, free speech, expression, and privacy in the wired age when on and off campus?

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now