What happened in Elonis v. United States?
Asked by: Daphnee Tromp | Last update: March 18, 2026Score: 4.4/5 (35 votes)
Elonis v. United States (2015) was a Supreme Court case where the Court ruled that to be convicted of making a threat under federal law (18 U.S.C. § 875(c)), the prosecution must prove the speaker intended the communication to be a threat, not just that a reasonable person would perceive it as a threat. The case involved Anthony Elonis, who posted rap lyrics with violent themes on Facebook, which he claimed were artistic expressions, but were perceived as threats by his ex-wife and others, leading to his conviction. The Court overturned his conviction, emphasizing that a "true threat" requires a subjective intent to threaten, not just negligence or an objective "reasonable person" standard, thus protecting innocent but poorly worded speech.
What was the outcome of Elonis v. United States?
On June 1, 2015, the U.S. Supreme Court reversed Elonis's conviction in an 8–1 decision. Chief Justice John Roberts wrote for a seven-justice majority, Samuel Alito authored an opinion concurring in part and dissenting in part, and Clarence Thomas authored a dissenting opinion.
What explanation did Elonis give for his violent social media posts?
At trial, Elonis claimed his posts were rap lyrics styled after the violent verses of popular artists like Eminem. 13. Because he left several of them in comments on his ex-wife's sister's Facebook updates, Elonis' ex-wife read many of his posts, which made her fear for her life.
Which statement describes the ruling in Elonis v. United States?
The statement "Posting song lyrics online is not a credible threat to public safety" describes the ruling in Elonis v. United States (2015). In 2015, the United States Supreme Court issued a significant decision in Elonis v. United States.
What happened to Anthony Elonis?
The court held that the proper legal test for determining whether someone made a threat is an objective one: whether reasonable people hearing the comment would perceive it to be a threat. Elonis was convicted of four of the five counts. He was sentenced to 44 months imprisonment, and three years of supervised release.
Professor David Cohen on Elonis v. United States and Online Threats
What did Anthony Elonis post?
Rap lyrics often contain violent imagery, but when Anthony Elonis posted some on Facebook describing wanting his wife's “head on a stick,” “making a name for [himself]” by shooting up a kindergarten class, and fantasizing about killing an FBI agent, they became a cause for concern.
What was the Supreme Court decision on freedom of speech?
The Supreme Court has consistently upheld broad free speech protections under the First Amendment, ruling that it covers spoken, written, and symbolic expression (like flag burning in Texas v. Johnson) and protects even offensive or extremist speech unless it incites imminent lawless action (Brandenburg v. Ohio). Key rulings protect online speech (Reno v. ACLU), prohibit viewpoint discrimination, and limit government coercion of private platforms (recent Murthy v. Missouri case), but don't protect defamation, harassment, or obscenity, while defining student speech limits in cases like Tinker v. Des Moines.
What is the legal test used to determine when a person has committed the offense of attempt to commit a crime?
Probable Desistance Test
Pursuant to this test, a defendant commits attempt when he or she has crossed a line beyond which it is probable he or she will not desist unless there is an interruption from some outside source, law enforcement, or circumstances beyond his or her control (U.S. v. Mandujano, 2010).
Which type of speech is considered unprotected?
Speech not protected by the First Amendment generally falls into categories like incitement to imminent lawless action, true threats, obscenity, defamation (libel/slander), fighting words, fraud, child pornography, and speech integral to criminal conduct, though the lines can be narrow and context-dependent, with the bar for unprotected speech being very high. These exceptions don't apply to lies in general, which are usually protected, but do cover specific harmful falsehoods like fraud and defamation.
Can I sue Facebook for violating my freedom of speech?
Many people think the First Amendment protects them from all forms of censorship, but it only applies to government actions—not private individuals or companies. That means you generally can't sue a private business, employer, or individual for restricting your speech.
What words are not protected by freedom of speech?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...
What is an example of a true threat?
True threats constitute a category of speech — like obscenity, child pornography, fighting words, and the advocacy of imminent lawless action — that is not protected by the First Amendment and can be prosecuted under state and federal criminal laws.
Did Johnson go to jail for burning the flag?
Activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law.
What was the dissenting opinion in the case of Elonis v United States?
In a dissenting opinion, Justice Clarence Thomas observed that nine of the 11 federal circuit courts that had interpreted the federal stalking statute had found that it required a showing of general intent “which here requires no more than that a defendant knew he transmitted a communication, knew the words used in ...
Why did the United States Supreme Court declare the AAA unconstitutional?
In an opinion written by Justice Roberts, the majority declared the Act unconstitutional because it attempted to regulate and control agricultural production, an arena reserved to the states.
Is it illegal to pretend to commit a crime?
Penalties
If convicted of false impersonation as a misdemeanor, a defendant can be sentenced to up to a year in jail and substantial court fines. If convicted of felony charges, the maximum sentence is three years in prison and a $10,000 fine.
What are the 4 stages of committing a crime?
The four stages of a crime, crucial in criminal law for determining liability, are Intention, Preparation, Attempt, and Commission (or Accomplishment), progressing from a mental decision (intention) through planning (preparation), taking direct action (attempt), to finally completing the illegal act (commission). While intention and preparation are usually not punishable, attempt and commission are, marking the point where criminal acts become dangerous enough to warrant legal intervention, as described in legal frameworks like the Indian Penal Code (IPC).
What are the Big 8 risk factors?
There are eight criminogenic risk factors that have the strongest associations with criminal behavior: (1) history of antisocial behavior; (2) antisocial personality traits; (3) antisocial cognition; (4) antisocial associates; (5) family and/or marital strain; (6) problems at school and/or work; (7) problems with ...
Is burning the American flag illegal?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
What is an example of the freedom of speech being violated?
The Federal Elections Commission limited distribution of the Clinton film, saying it violated campaign finance law passed by Congress in 2002. In ruling for Citizens United, the court said efforts to limit political spending by corporations and other groups violated their First Amendment right to free speech.
What are the two exceptions to freedom of speech?
Two major categories of speech not protected by freedom of speech are incitement to imminent lawless action (speech intended to cause immediate illegal acts) and true threats (serious expressions of intent to commit violence), with other key exceptions including defamation, obscenity, fraud, and child pornography.
Did Antonio Brown lose $100 million?
Yes, former NFL star Antonio Brown has stated he lost his roughly $100 million in career earnings and filed for bankruptcy in May 2024, attributing the loss to spending and poor financial decisions, despite significant on-field success and endorsements. He claimed his assets were less than $50,000 and owed nearly $3 million to creditors, a drastic fall for the once dominant receiver.
What NFL player walked off the field and quit?
NFL players have quit mid-game, most famously Vontae Davis (2018) and Antonio Brown (2021), and more recently De'Vondre Campbell (2024), all walking off the field due to various reasons like feeling physically unable or mentally checked out, leading to immediate team reaction, suspensions, or career endings.
What is Antonio Brown's GPA?
While there isn't a definitive official GPA for NFL star Antonio Brown, various reports and profiles from his high school and college days suggest a solid academic standing, with one high school Hudl profile mentioning a 3.2 GPA for a younger Antonio Brown, indicating he was a strong student-athlete alongside his football prowess.