Looks like I’m not the only one trying to figure out how and why things happen on Facebook. The U.S. Supreme Court is paying a lot of attention to the social network right now, but the stakes are a little higher than my “can I be calmer and happier without it” experiment. SCOTUS is in the middle of hearing a case that centers on whether and when a Facebook rant morphs from obnoxious but First Amendment-abiding screed to illegal threat.
In Elonis v. United States, the government argues that if a “reasonable person” would interpret a Facebook post as a threat, the poster should be subject to a criminal conviction. The lawyer for the man whose Facebook posts are at issue in this case, however, argues that the authorities should have to prove that the poster intended his or her words to be taken as a threat.
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