Supreme Court Reverses Conviction in Facebook-Threats Case
In a follow up to our previous post, the Supreme Court has now decided Elonis v. United States, reversing the conviction based on threats the defendant posted on Facebook against his ex-wife and others. The Court held it was error for the lower court to instruct the jurors that the defendant could be convicted if the posts would be considered by a reasonable person to be threatening, characterizing that standard as one of traditional civil negligence. The Court did not address the First Amendment issues concerning the criminalization of Facebook posts.
Related Readings:
- Elonis v. United States, No. 13-983, 575 U.S. ___ (June 1, 2015) (Court’s official PDF) (Bloomberg Law copy).
- Elonis v. United States, 134 S. Ct. 2819 (2014) (grant of petition for writ of certiorari).
- United States v. Elonis, 730 F. 3d 321 (3d Cir. 2013) (reversed and remanded by Elonis v. United States, No. 13-983 (June 1, 2015)).
- United States v. Elonis, 987 F. Supp. 2d 335 (E. D. Pa. 2012) (district court’s decision now reversed and remanded by Elonis v. United States, No. 13-983 (June 1, 2015)).