What happened in elonis v United States?

The court held that the proper legal test for determining whether someone made a threat is an objective one: whether reasonable people hearing the comment would perceive it to be a threat. Elonis was convicted of four of the five counts. He was sentenced to 44 months imprisonment, and three years of supervised release.

What was elonis charged with?

Elonis was convicted in 2011 of five counts of interstate communication of threats after threatening his then estranged wife, law enforcement officials and kindergarten children in a series of graphic Facebook posts. He argued the posts were rap lyrics and protected by free speech.

Who won elonis vus?

On June 1, 2015, the Supreme Court reversed Elonis’s conviction in an 8-1 decision. Chief Justice John G. Roberts wrote for a seven-justice majority, Samuel Alito authored an opinion concurring in part and dissenting in part, and Clarence Thomas authored a dissenting opinion.

Which Supreme Court case held that for someone to be convicted of violating a federal anti threat law it must be proven that they intended their expression as threatening?

By David L. Hudson Jr. In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of oral argument, that the First Amendment does not protect true threats.

What was the decision in Elonis v United States?

Elonis v. United States Anthony Douglas Elonis, Petitioner v. United States A court’s instruction that requires only negligence with respect to the communication of a threat is not sufficient to support a conviction under 18 U.S.C. § 875 (c). Third Circuit reversed and remanded. Elonis v.

Who is John Vile in Elonis v United States?

Elonis is just as guilty of issuing a true threat, Thomas said, as he would be had he mailed obscene materials to his wife or to the kindergarten class that he threatened. John Vile is a professor of political science and dean of the Honors College at Middle Tennessee State University.

What was the case of Anthony Douglas Elonis?

In controversy were the purported threats of violent rap lyrics written by Anthony Douglas Elonis and posted to Facebook under a pseudonym. The ACLU filed an amicus brief in support of the petitioner. It was the first time the Court has heard a case considering true threats and the limits of speech on social media.

What was the intent element in the Elonis case?

The trial court instructed the jury that the intent element is satisfied if a reasonable person could view Elonis’ statements as a threat. Elonis was convicted and sentenced to jail. The Third Circuit affirmed the conviction. The U.S. Supreme Court reversed, holding that the “reasonable person” standard was insufficient to prove intent.