First Amendment does not justify Facebook threats

When your parents told you to watch what you post on social media, did you roll your eyes thinking it was an overreaction? Anthony Elonis, a man who posted a threat to his ex-wife as a Facebook status, should have heeded that advice.

According to a CNN article, Elonis case regarding his posts will be heard by the United States Supreme Court, marking the first time an official ruling will take place regarding social media and freedom of speech. His ex-wife, Tara Elonis, moved for a protective order because of the posts.

While the First Amendment protects free speech, including harsh words and commentary, it never should be used to justify a threat. Elonis posted, Fold up your protection from abuse order and put it in your pocket. Is it thick enough to stop a bullet?" He posted several similar status updates that would make anyone consider him as a major threat to society, and especially to Tara.

Elonis attorney, John Elwood, told CNN that the posts were a way to blow off steam, defining them as therapeutic. However, Facebook is not a good place to let off steam. If Elonis had desires to murder his ex-wife, he should have consulted a licensed psychiatrist, not a social media website. When someone spreads panic in a public domain, it should not be protected under the First Amendment.

Solicitor General Donald Verrilli Jr., who will lead the prosecution for the United States during the Supreme Court case, agreed with this assertion, comparing Elonis statements to a bomb threat.

Even if Elonis did not intend to carry out these threats, he should still be liable for the consequences of creating panic. A Pennsylvania jury found Elonis guilty earlier this year, and he was sentenced to 44 months in prison.

Elwood likened Elonis statements to a rap artist blowing off steam in a song, as an artistic and creative outlet. It does not matter how creatively a threat is written. A threat is a threat, no matter how one masks it.

Supporters of Elonis claim that the First Amendment protects the death threats he posted on Facebook. However, the First Amendment cannot protect Elonis ex-wife from a potential gunshot.

The underlying point is that everything we post on Facebook is public, and the author is responsible for what they post. Elonis could have used privacy settings or personal messages to keep his threatening feelings a secret; but the moment he posted them to his wall, he created a panic for his ex-wife.

In this case, Elonis deserved what he got.

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First Amendment does not justify Facebook threats