Conviction for Facebook threats tossed by court
SAM HANANEL/Associated Press | Hagadone News Network | UPDATED 10 years, 6 months AGO
WASHINGTON - The Supreme Court on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook, but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
Chief Justice John Roberts said it was not enough for prosecutors to show that the comments of Anthony Elonis about killing his ex-wife and harming others would make a reasonable person feel threatened. But the high court sent the case back to the lower court without clarifying exactly what the standard of proof should be.
The ruling was a narrow victory for civil liberties groups that had urged the court to make it tougher to convict people who make crude comments on social media that might be viewed as threatening.
Yet the high court declined to lay out broad constitutional protections for such comments. "It is not necessary to consider any First Amendment issues," Roberts wrote.
Elonis, of Freemansburg, in eastern Pennsylvania, was prosecuted under a law that makes it a crime to threaten another person after he posted Facebook rants in the form of rap lyrics about killing his estranged wife, harming law enforcement officials and shooting up a school.
One post about his wife said, "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."
Elonis claimed the government had no right to prosecute him if he didn't actually intend his comments to be threatening to others. He argued that his musings were protected by the First Amendment.
But the government said it didn't matter what Elonis intended. It argued that if the comments provoked enough fear and anxiety to make a reasonable person feel threatened, that was enough to prosecute it as a crime.
Seven justices on the high court agreed that it was not necessary to reach First Amendment issues in reversing Elonis' conviction.
Roberts said the reasonable-person standard is "inconsistent with the conventional requirement for criminal conduct - awareness of some wrongdoing."
"Federal criminal liability generally does not turn solely on the results of an act without considering the defendant's mental state," Roberts said.
Justice Samuel Alito agreed with the outcome, but said he would have made clear that a person can violate the law if he disregards the risk that comments will be interpreted as a threat.
Justice Clarence Thomas dissented, saying he would have found Elonis' posts to be "true threats" under the objective standard accepted by the vast majority of appeals courts prior to Monday's ruling.
Facebook was not a party in the case.
Elonis had claimed his posts under the pseudonym "Tone Dougie" were a form of therapy that allowed him to cope with the breakup of his marriage and being fired from his job at an amusement park.
His lawyers said the comments were heavily influenced by rap star Eminem, who has also fantasized in songs about killing his ex-wife. Elonis' wife testified that the comments made her fear for her life and she persuaded a judge to issue a protective order.
After his wife obtained a protective order, Elonis wrote on Facebook: "Is it thick enough to stop a bullet?"
ARTICLES BY SAM HANANEL/ASSOCIATED PRESS
Justices rule against EPA mercury limits
Tobacco firms get partial win over claims on smoking effects
WASHINGTON - America's largest tobacco companies must inform consumers that cigarettes were designed to increase addiction, but not that they lied to the public about the dangers of smoking, a federal appeals court ruled on Friday.