News » SCOTUS Overturns Conviction For Violent Facebook Tirades

SCOTUS Overturns Conviction For Violent Facebook Tirades

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June 2, 2015

The government must do more than prove that a reasonable person would find online postings threatening, the Supreme Court ruled this week when it overturned one man’s conviction for violent Facebook rants. In its ruling, penned by Chief Justice John Roberts, the Court said the conviction would have stood if the jury found that Anthonly Douglas Elonis knew he was making a threat, or that he should have known it would be taken as one. Elonis defended his postings – threatening to kill his ex-wife, federal law enforcement officials and a kindergarten class – by saying they were similar to rap lyrics. Justice Clarence Thomas was the lone dissenter, and Justice Samuel Alito did not endorse the majority’s ruling.

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