Elonis v. U.S. Case About Facebook Posts a Tough Call, Says ADL's Freeman
The Supreme Court faces a tough question in determining the intent of a threat while one sits behind a computer, said Steve Freeman, Anti-Defamation League (ADL) director-legal affairs, in an interview. Freeman was referencing the oral argument the high court…
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heard Monday in Elonis v. U.S. ADL filed a brief on behalf of the U.S. government. The case hinges on whether threatening Facebook posts by Anthony Elonis against his wife are protected under the First Amendment of the U.S. Constitution. Without “body language” or other indicators, it’s difficult to determine the intent of the threat, said Freeman. Such cases must be determined on a “fact-specific” basis, he said. The Supreme Court’s decision in the case may not arrive until June, he said. The American Civil Liberties Union, Center for Democracy & Technology and Cato Institute were among groups that filed a joint brief on behalf of Elonis.