Is a Threat Posted on Facebook Really a Threat? - 0 views
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Lara Cowell on 04 Dec 14The U.S. Supreme Court is tackling a question of increasing importance in the age of social media and the Internet: What constitutes a threat on Facebook? Anthony Elonis was convicted of threatening both his estranged wife and an FBI agent. After his wife left him, taking the couple's two children with her, Elonis began posting about her on his Facebook page. Elonis was indicted on five counts of interstate communication of illegal threats. At his trial, he acknowledged the violence voiced in his posts, but argued he was exercising his First Amendment free speech rights. Longtime federal prosecutor, Patrick Fitzgerald, however, notes that most of the posts occurred after Elonis' wife had gotten a protective court order, and that Elonis posted his messages on his Facebook page without restriction. Thus, Fitzgerald contends that the husband reasonably foresaw what the reaction would be. "The wife would read this and think, this is not an artistic statement, this is not a political statement about a larger cause," says Fitzgerald. "This is trying to get inside her head and make her think there could be someone doing violence to her."