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Transcript

Elonis v. U.S.

Kennadi Shumaker

American Government

Mr. Fahy

What was the cause?

Introduction

What lead to Anthony Elonis' court case?

Personal Issues

  • Fired from his job at an amusement park
  • Divorced from his wife
  • Couldn't see his two kids

~ So what happened?

Tone

Meet "Tone Dougie"

This is Anthony Elonis' rap pseudonym.

  • Facebook posts were rap lyrics
  • "Artistic expression and therapeutic release"

Count 1

Coworkers

Elonis was said to have threatened coworkers at his amusement park job.

  • Posted a picture with a fake knife to coworker's throat
  • Commented "I wish"
  • Didn't tag her in it

~ He wasn't charged on this count.

Count 2

Ex-wife

After splitting with his wife, Elonis posted a parody of a show called 'Kids in the Hall" that she was threatened by, as well as posts about cutting her.

  • His wife got a PFA (protection from abuse) that lead to another post.

Count 3

Kindergarten Class

Elonis posted a short paragraph that appeared to threaten to start a "heinous school shooting" in one the kindergarten classes within a 10 mile radius of his home.

Count 4

Pennsylvania State Police

Elonis posted about having explosives that would be able to "take care of" the Pennsylvania state police, as well as the Sheriff's department.

Count 5

FBI Agent

After being visited by two FBI agents for investigation, Elonis posted more rap lyrics.

  • The agents were calm and not demanding
  • Elonis claimed they weren't related to the visit

What's next?

What's next?

  • In violation of 18 U.S.C. § 875 (c)
  • "Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both."

Lower Courts

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit

Lower Courts

  • Affirmed District Court
  • A reasonable person standard is the correct legal test for determining the conviction
  • Rejected Elonis' argument that a subjective intent to threaten is required to secure a conviction under the federal anti-threat statute

Arguments

Defendant (Elonis)

Plaintiff (United States)

Arguments

  • Section 875 (c) should be read in light its neighboring provisions
  • A reasonable person would see posts as a threat
  • 1st Amendment doesn't require that he know that it doesn't protect him in all aspects of speech
  • Gov. is required to prove intention of a "true threat"
  • "Threat" conveys intent to harm, which he didn't intend
  • Artistic/therapheutic release

Decision

  • June 1, 2015
  • The U.S. Supreme Court voted on the decision
  • Final vote
  • 8-1 in Anthony Elonis' favor

Decision

Majority Decision

Majority

  • Written by Chief Justice Roberts
  • Reasonable person doesn't go far enough
  • Risk punishing an innocent actor

Concurrent Decision

  • Written by Justice Samuel Alito
  • He agreed with and voted for the majority decision, but argued that the decision should have addressed the proper instruction rather than just saying that the reasonable person procedure doesn't work

Concurrent

Dissenting Decision

  • Written by Justice Clarence Thomas
  • Arguments
  • 9 out of 11 appeal courts had already solved with general intent standard
  • Leaves courts uncertain as to "whether an intent to threaten is required or whether recklessness will suffice"
  • "Knowledge of posting the relevant threats is enough to establish the intent element because knowledge of those facts is required to make the actions illegal; ignorance of those actions being illegal should not provide shelter from the law"

Dissenting

Result of the Case

  • It was remanded back to the lower courts
  • The Court of Appeals still went against Anthony Elonis
  • He was convicted on 4 of the 5 counts against him
  • Elonis finished his 44 months of prison time

Result

References

References

  • Elonis v. United States. (n.d.). Retrieved from https://harvardlawreview.org/2015/11/elonis-v-united-states/Facts and Case Summary
  • Elonis v. U.S. (n.d.). Retrieved from http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-elonis-v-usFindLaw's
  • United States Supreme Court case and opinions. (n.d.). Retrieved from https://caselaw.findlaw.com/us-supreme-court/13-983.html
  • Search. (n.d.). Retrieved from https://www.supremecourt.gov/search.aspx?Search=elonis&type=SiteSocial-Media
  • Threats: Supreme Court Decides When They Are Criminal Acts Not Freedom of Speech. (n.d.). Retrieved from http://www.mcclaininvestigations.com/fyi-pi/social-media-threats-supreme-court-decides-when-they-are-criminal-acts-not-freedom-of-speech
  • {{meta.pageTitle}}. (n.d.). Retrieved from https://www.oyez.org/cases/2014/13-983

Thank you

Thank you :)

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