Facebook and Twitter news feeds are often clogged with opinions written in a bout of rage from old high school acquaintances or distant family members. However, those posts of outrage may not fall under free speech laws depending on the language used in messages.
The U.S. Supreme Court is set to decide whether rants posted on social media such as Facebook can be considered threats or if they are protected by free speech.
The case stems from a Pennsylvania man, currently serving a 44-month sentence in prison, who posted statements on his Facebook page directed at his estranged wife, FBI agents and a kindergarten class.
The comments made by Anthony Elonis were violent and included death threats directed at his wife. Even after a court issued an order to keep Elonis away from his wife, he threatened her again and went on to threaten a kindergarten class, which earned him a visit from the FBI. Following the visit from a female FBI agent, Elonis went on to threaten her as well.
Elonis claims his postings, which were written in the form of rap lyrics, were a way to vent his frustration, first at his wife and later at the FBI agent who questioned him.
The first amendment issue has to do with the fact hes tying to tie it to creative speech rap lyrics and saying that makes it protected under the first amendment, said Dirk Deam, senior lecturer in political science.
Deam said the fact it is online really does not matter in this case. It is more about the way he presented the speech.
In most respects, its not the medium [of spoken word or online] that controls, its the character of the speech, Deam said about whether the form of speech is relevant to the case or not.
For ISU students who use multiple forms of social media, Captain Carrie Jacobs, patrol commander for the ISU Police Department, has some advice.
Jacobs said the ISU PD receives reports a couple times a week about threats and harassment online. She said they frequently receive these types of reports from a third party.
Read more:
Supreme Court weighs free speech, threats online
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- John Dukes on First Amendment - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Endangered Speeches - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News media challenges ban on journalism drones [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- History Project: First Amendment. - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- City Charter amendment passes 581-556 [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Facebook SUCKS! - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Reid backs campaign spending limit [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]