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Transcript

Knowledge Claim

Personal Conclusions

Since inferred intentions are not always accurate, one must rely more on actions in the interpretation of a situation.

-Based on our Knowledge Claim, Elonis should be convicted

-His intentions don't matter

-Protects more rights than it limits

Relevance to the case

Implications and Applications

"The 9th Circuit on the other hand has taken the position that the speaker must have intended to communicate threat and 'intend for his language to threaten the victim.' " -Dahlia Lithwick

  • arguments using social media
  • more restricted

freedom of speech

  • Virginia v. Black

Knowledge Question

Utilitarianism

To what extent do our intentions

alter how others interpret our actions?

"But the Court's decision will have ramifications for anyone and everyone who claims to be only joking, rapping or just blowing off steam when engaging in violent-themed expression, be it online or in person. Our First Amendment rights hang in the balance." -Clay Calvert

Deontology

“I felt like I was being stalked. I felt extremely afraid for mine and my children’s and my families’ lives.”

-Tara Elonis

"Elonis contends that these weren’t ever real threats—that they were “therapeutic” and that these words are protected First Amendment speech. He claims that the lyrics were not intended as warnings of real violence and that they were a harmless way to express his severe depression and frustration after his wife left." -Dahlia Lithwick

Elonis v. United States

Case Details:

  • Third Circuit Courts
  • May 2010: wife leaves him and trouble at work
  • Elonis Facebook posts
  • coworker, wife, FBI, and elementary school
  • 44 months of prison, 3 years of supervised release
  • First Amendment and Virginia v. Black: intention to threaten or whether a "reasonable person" would be threatened

October 2010:

"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, b****, so I can bust this nut all over your corpse from atop your shallow grave. I used to be a nice guy but then you became a slut. Guess it’s not your fault you liked your daddy raped you. So hurry up and die, b****, so I can forgive you."

Elonis v. United States

Ethan Pan and Yousuf Shah

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