Supreme Court tests limits of free speech online with case on social media threats

JUDY WOODRUFF: When writing in social media, like Facebook, what is defined as a threat and what is protected by free speech? That was the question at the center of a case before the Supreme Court today.

Jeffrey Brown has the story.

And a warning: This case contains some graphic language.

JEFFREY BROWN: In 2010, Anthony Elonis began writing Facebook posts about his ex-wife, angry rants filled with violent language. She filed a restraining order. And eventually Elonis was charged with threatening to injure another person and sentenced to four years in prison.

Now the Supreme Court must decide were indeed threats under the law or an exercise of his First Amendment rights.

And Marcia Coyle of The National Law Journal was of course at the court today to hear the arguments.

Marcia, first, give us a little bit more details, a little bit more background on this case.

MARCIA COYLE, The National Law Journal: All right.

Mr. Elonis was obviously having difficulties after he separated from his wife and his children. He was unable to do his job at an amusement park outside of Allentown, Pennsylvania. He was sent home from work several times by his employers because he was crying at his desk.

And also he was accused of sexual harassment by a co-worker, at least one co-worker. Ultimately, he was fired by his job, and he did do a post involving his co-workers at the amusement park that wasnt a very good one, but he wasnt charged under that. It was the posts that he made involving violent statements against his wife, against law enforcement officials in particular, an FBI agent who visited his home after the FBI began monitoring his posts, and also against elementary schools, threatening possibly to go in and have a major mass shooting.

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Supreme Court tests limits of free speech online with case on social media threats