Who won in the elonis v United States case?

Who won in the elonis v United States case?

Decision. On June 1, 2015, the Supreme Court reversed Elonis’s conviction in an 8-1 decision. Chief Justice John G. Roberts wrote for a seven-justice majority, Samuel Alito authored an opinion concurring in part and dissenting in part, and Clarence Thomas authored a dissenting opinion.

What happened in elonis vs US?

The court held that the proper legal test for determining whether someone made a threat is an objective one: whether reasonable people hearing the comment would perceive it to be a threat. Elonis was convicted of four of the five counts. He was sentenced to 44 months imprisonment, and three years of supervised release.

Who is elonis and what did he do?

Elonis was convicted in 2011 of five counts of interstate communication of threats after threatening his then estranged wife, law enforcement officials and kindergarten children in a series of graphic Facebook posts. He argued the posts were rap lyrics and protected by free speech.

When did elonis v United States happen?

2015
Elonis v. United States/Dates decided

What threats did elonis make?

Id.; see also 18 U.S.C. § 875(c) (2012). The five-count indictment charged that Elonis threatened five targets: (1) patrons and employees of the park where he worked, (2) Tara Elonis, (3) state law enforcement, (4) a kindergarten class, and (5) an FBI agent.

How did Cox v New Hampshire affect the rights of demonstrators?

In Cox v. New Hampshire, 312 U.S. 569 (1941), the Supreme Court upheld the conviction of a number of Jehovah’s Witnesses for parading without a permit, ruling that their First Amendments rights to freedom of religion, speech, and assembly had not been violated.

Which Supreme Court case held that for someone to be convicted of violating a federal anti Threat law it must be proven that they intended their expression as threatening?

In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of oral argument, that the First Amendment does not protect true threats.

Is Obscene speech protected?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.

What happened in Watts v United States?

In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of oral argument, that the First Amendment does not protect true threats. The Court also explained that political hyperbole does not qualify as such a threat.

What was the case of Elonis vs United States?

Elonis v. U.S. This First Amendment activity applies the landmark Supreme Court case Elonis v. U.S. to a teen conflict posted on Facebook. Elonis v. U.S. is the first time that the Supreme Court of the United States has agreed to hear a case involving the constitutionality of prosecuting potential threats in a social media context.

Who was Anthony Elonis and what did he do?

Anthony Elonis was arrested on December 8, 2010 and charged with five counts of violating a federal anti-threat statute, 18 U.S.C. § 875 (c). Specifically, he was charged with threatening his ex-wife, co-workers, a kindergarten class, the local police, and an FBI agent.

Who is John Vile in Elonis v United States?

Elonis is just as guilty of issuing a true threat, Thomas said, as he would be had he mailed obscene materials to his wife or to the kindergarten class that he threatened. John Vile is a professor of political science and dean of the Honors College at Middle Tennessee State University.

Why did Elonis get a protection order against him?

Although Elonis intermittently claimed in those posts that they were “fictitious” and that he was exercising his First Amendment rights, his wife and his employer perceived them as threats. His wife obtained a protection order against him, and his employer fired him.