Saturday, April 7, 2018
Social Media Lawsuit
On June 15, 2015, the Supreme Court of the United States decided that Elonis v. United States, there was a lawsuit filed against Elonis due to social media posts and free speech. Due to Elonis's wife leaving him and taking their kids, it lead him to turn to Facebook to where he begin posting graphic and unappropriated rap lyrics. While posting graphic and unappropriated rap lyrics on Facebook he had use the name "Tone Dougie" as his personal name. In order, to make it clear that saw that name and saw what he posted on Facebook, he had to let others know that it wasn't directed towards on individual on Facebook. Elonis was later charged with five counts of communicating a threat to a individual about threatening by the Federal Bureau of Investigation. The charges that were filed against Elonis was related to his co-workers, wife, law enforcement, a kindergarten teacher, and a Federal agent. When Elonis went to trial, he tried to argue that the unappropriated rap lyrics were related to a rapper that talked about killing his ex-wife. while at trial he argue with the jury about if they wanted to find him guilty they had to prove that they were actual threats made. The court denied his argument and said that he should be convicted if a reasonable individual could prove that they were actual threats. One respected individual had the court know that the person who post information on Facebook can make a person feel threaten or harm. The court tried to make the threats in a case. They failed to address that Free Speech is the First Amendment in the Constitution. Those kind of threats are referred to as "True Threats". The State Courts were influenced by Elonis decision that the state of mind they were in were own by the state's threats.
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