In 2010, Anthony Elonis made a series of online social media posts which allegedly threatened his ex-wife, his former co-workers, students at a local elementary school, and members of law enforcement. Elonis claimed that his comments were rap lyrics and wrote, “Art is about pushing limits. I'm willing to go to jail for my constitutional rights. Are you?”
On Dec. 8, 2010, federal authorities arrested Anthony Elonis and charged him with five counts of making terroristic threats over the internet. A jury subsequently found Elonis guilty on four of the five counts and sentenced him to 44 months in prison.
Elonis appealed his conviction, arguing that he was an artist, not a terrorist and that he never threatened anyone. He pointed out that he even included the disclaimer “this is not a threat” in several of his allegedly threatening posts. Elonis, and his lawyers, argued that he should not have been found guilty because while some readers found his comments upsetting, the prosecution failed to prove that Elonis intended his comments as threats. Elonis believed that since prosecutors did not prove that he intended to threaten anyone, he was not guilty of making terroristic threats and should be released from prison.
In an 8 - 1 decision, the United States Supreme Court ruled in favor of Anthony Elonis. Writing for the majority, Chief Justice John G. Roberts Jr. stated that the prosecution failed to show that Elonis intended his social media posts as threats and that Elonis was therefore wrongly convicted. The court found the objective, reasonable person standard, which was used by the trial court, did not go far enough to differentiate accidental conduct, which is protected by the 1st Amendment from illegal threats. The Supreme Court held that in Elonis’s case, an objective standard would risk punishing an innocent person who engaged in controversial, but not illegal, speech. Today in our increasingly online world, Elonis v. US is more relevant than ever.
You are invited to participate in an enlightening presentation at Fayetteville Technical Community College’s Tony Rand Student Center on 2200 Hull Road, March 11 from 1 p.m. to 2:30 p.m. for the premiere of FTCC’s educational film, “How Far is Too Far?” about the Elonis v. US decision. After playing the short film, experts from our community will share their thoughts about the case. Members of the expert panel will then answer audience questions. The event is free and open to the public. Everyone is welcome. Free refreshments will be provided while supplies last.
Questions about this FTCC event may be directed to Mary DiRisio, Dean of Library and Student Learning Services, dirisiom@faytechcc.edu, 910-678-7351. To learn more about FTCC, we invite you to visit our website at faytechcc.edu or visit with us face-to-face at our Fayetteville and Spring Lake campus locations. FTCC recruiters (recruiters@faytechcc.edu) are also available for scheduling tours.