Elonis v. United States, 13 U.S. 983 (2015)

Judicial History 

Elonis v. United States, 13 U.S. 983 (2015). Mr. Anthony Elonis was first presented to the District Court for Eastern District of Pennsylvania wherein the first ruling the court rejected Elonis’ argument that idiosyncratic intent is needed for a conviction under the federal anti-threat statute. After the ruling, he appealed at the U.S. Court of Appeals for the Third Circuit. However, the court sustained the decision that was made by the U.S. District Court. The case then advanced to the Supreme Court whereby the judges stated that threats that are true are not protected under the first amendment of “freedom of speech.”

Fact 

Anthony Elonis was being prosecuted for sending threatening messages via Facebook to his estranged wife as well as federal officials. In the threatening lyrics, he stated that he would admire a Halloween costume that had the head of his wife on a stick. Moreover, in the same lyrics, he stated that he would make a name for himself by shooting up a kindergarten class. Additional to the lyrics he stated that he would also kill FBI agents using a knife to slit his throat and wrist (Huq, Lakier, Huq & Lakier, 2015).

Issue 

Were Mr. Elonis’ rights denied under the First Amendment, when he expressed himself through music?

Rules 

First Amendment: t he United States Constitution prevents the government from respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble or to petition for a governmental redress of grievances. (Considered by Elonis but overturned by the courts.)

Commercial speech, however, is less protected by the First Amendment than political speech and is therefore subject to greater regulation (Liptak, 2015). Online postings fall under this category. (Used by the courts.)

Analysis 

The facts from the case resulted in a single legal question of whether the threats made by the defendant were enough for him to be prosecuted. The defense argued that the prosecution should prove that the Elonis was fully aware of the post being perceived as a threat ("Facts and Case Summary - Elonis v. U.S.," 2014). When all the data from the case of Elonis v. United Stated No. 13-983 was reviewed the judges’, and all court levels assessed the applicability of the amendment rights of the defense specifically, the first. They determined that it did not apply to the case, the judges treated the matter as a federal offense.

Conclusions 

The Supreme Court did not overrule the sentencing made to Mr. Anthony Elonis; they only clarified that his actions were federal offenses that could not be protected by the first amendment right.

References

Facts and Case Summary - Elonis v. U.S. (2014). Retrieved from http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-elonis-v-us

Huq, A., Lakier, G., Huq, A., & Lakier, G. (2015). Elonis v. United States. Retrieved from https://harvardlawreview.org/2015/11/elonis-v-united-states/

Liptak, A. (2015). Supreme Court Overturns Conviction in Online Threats Case, Citing Intent. Retrieved from https://www.nytimes.com/2015/06/02/us/supreme-court-rules-in-anthony-elonis-online-threats-case.html