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Teh One Who Knocks
06-02-2015, 11:59 AM
Gabrielle Bluestone - Gawker


http://i.imgur.com/wDEdS1r.jpg

A man who posted graphic Facebook updates describing the myriad ways he might torture and murder his wife didn’t actually threaten her within the legal meaning of the term, the Supreme Court ruled Monday. The decision is at once a victory for free speech and a significant hurdle for victims of online harassment.

Although the case, Elonis v. United States, touched on the larger issue of social media communications, the justices’ 8-1 decision ultimately focused on something much more specific: criminal intent.

Before the case ended up in the Supreme Court, Anthony Elonis was convicted on four counts of criminal threats over his posts, which the Times reports contained references to putting his wife’s “head on a stick,” killing an FBI agent, and shooting up a class full of children to “make a name” for himself.

Elonis claimed the posts were merely rap lyrics and not intended to be threatening.

The prosecution argued that his messages were so explicit that they could only be taken one way.

The Court ruled Monday that they were not.

So what, then, is legal standard for proving intent in online threat cases? Who knows! The justices apparently declined to give any kind of guidelines for future cases beyond overturning Elonis’ conviction. Via the New York Times:


Chief Justice Roberts said a criminal conviction requires more than consideration of how the posts would be understood by a reasonable person (the legal standard lawyers call negligence). Rather, he said, prosecutors had to prove that Mr. Elonis was aware of his wrongdoing.

The law barring threats, Chief Justice Roberts wrote, “is satisfied if the defendant transmits a communication for the purpose of issuing a threat, or with knowledge that the communication will be viewed as a threat.” Saying the parties had not argued the point, he declined to say “whether recklessness suffices.”

Only Clarence Thomas dissented, writing, “Our job is to decide questions, not create them. Given the majority’s ostensible concern for protecting innocent actors, one would have expected it to announce a clear rule — any clear rule.”

Hal-9000
06-02-2015, 05:58 PM
The decision is at once a victory for free speech and a significant hurdle for victims of online harassment.

and idiocy...you can't have both.

If I'm allowed to go into graphic detail in text about how I may threaten and kill someone, Obama will be getting my next note........

Hal-9000
06-02-2015, 06:01 PM
to put a finer point on it...this ruling says I can go on Twitter or Facebook or email I imagine....and write in detail about how I'm going to torture and kill someone.

So by that rule I should be able to send a little ditty I wrote called - Sniper Rap - about me being in an elevated position and using a rifle to blow the pres's head off.

Teh One Who Knocks
06-02-2015, 06:05 PM
In the United States, threats against the President carry a much bigger penalty than just threatening an average person.

Teh One Who Knocks
06-02-2015, 06:07 PM
Penalties

Threatening the President of the United States is a class E felony under United States Code Title 18, Section 871. The offense is punishable by up to 5 years in prison, a $250,000 maximum fine, a $100 special assessment, and 3 years of supervised release. Internet restrictions such as a prohibition on access to email have been imposed on offenders who made their threats by computer. The U.S. Sentencing Guidelines set a base offense level of 12 for sending threatening communication, but when a threat to the President is involved, a 6-level "official victim" enhancement applies. Moreover, "an upward departure may be warranted due to the potential disruption of the governmental function." Further enhancements can apply if the offender evidenced an intent to carry out the threat (6-level enhancement); made more than two threats (2-level enhancement); caused substantial disruption of public, governmental, or business functions or services (4-level enhancement); or created a substantial risk of inciting others to harm federal officials (2-level enhancement).[49] Since each 6-level increase approximately doubles the Guidelines sentencing range, it is not particularly rare for an offender who threatens the President to receive a sentence at or near the maximum, especially if he has a criminal history and/or does not qualify for a reduction for acceptance of responsibility. There is a 4-level decrease available for a threat involving a "single instance evidencing little or no deliberation", which would usually apply to spur-of-the-moment verbal threats. The maximum penalty for threatening a United States judge or a Federal law enforcement officer is 10 years imprisonment — double the maximum penalty for threatening the President.

From Wiki

Hal-9000
06-02-2015, 06:30 PM
goose = gander [-(

PorkChopSandwiches
06-02-2015, 06:36 PM
:hand: You dont FUCK with our king

Hal-9000
06-02-2015, 06:39 PM
I say Ooga Booga to your king :x









maybe not the best choice of words considering he's Kenyan :lol: