His lawyers say the posts were heavily influenced by rap star Eminem, who has also fantasized in songs about killing his ex-wife. Elonis v. US (Amicus Brief) - Genius | Song Lyrics & Knowledge Protests will be legal from March 29: Updated Covid rules will ALLOW peaceful demonstrations in the wake of... At least nine cars in car park used by NHS workers are vandalised by thugs with their windows smashed during... Hunt for vicious prowler who tried to hood a PREGNANT Jewish woman in alley: CCTV shows thug throw pillow... Telegraph owner Sir Frederick Barclay's marriage to wife Lady Hiroko ends after judge rules on size of her... Five phrases you should NEVER say to your single friends because they're subtly designed to 'shame' -... 'Huge explosion' at secondary school sparks blaze and sends massive pillar of smoke billowing into the sky... Supreme Court agrees to hear the government's appeal to reinstate Boston Bomber's death sentence. Eventually, Elonis changed the user name on his Facebook page from his actual name to a rap-style nom de plume, "Tone Dougie," to distinguish himself from his "on-line persona." He was subsequently arrested in December 2010 after his estranged wife and law enforcement found his lyrics were threatening. I'm not going to rest until your body is a mess, soaked in blood and dying from all the little cuts.'. Shortly after his wife decided to leave him, 28-year-old Anthony Elonis, under the pseudonym “Tone Dougie,” began posting “self-styled ‘rap’ lyrics” on Facebook that contained “graphically violent language and imagery” concerning, among others, his estranged wife, a kindergarten class, and state and federal law enforcement. Anthony Elonis, 31, was convicted in 2011 of five counts of interstate communication of threats. Elonis was convicted under a federal statute that makes it a crime to communicate “any threat to injure the … 204, 226. App. For more than four decades, the Supreme Court has said that "true threats" to harm another person are not protected speech under the First Amendment. Elonis argues that his lyrics were simply a crude and spontaneous form of expression that should not be considered threatening if he did not really mean it. In its brief to the court, the Justice Department argued that no matter what someone believes about his comments, it does not lessen the fear and anxiety they might cause for other people. … 'A statute that proscribes speech without regard to the speaker's intended meaning runs the risk of punishing protected First Amendment expression simply because it is crudely or zealously expressed,' said a brief from the American Liberties Union and other groups. But Elonis' wife testified that the comments made her fear for her life. These rants expressed violence and killings. The U.S. Supreme Court will review Elonis' case on Monday. Shortly after his wife decided to leave him, 28-year-old Anthony Elonis, under the pseudonym “Tone Dougie,” began posting “self-styled ‘rap’ lyrics” on Facebook that contained “graphically violent language and imagery” concerning, among others, his estranged wife, a kindergarten class, and state and federal law enforcement. Elonis, who's from Bethlehem, Pennsylvania, was convicted of violating a federal law that makes it a crime to threaten another person. he petitioner, Anthony Elonis, appealed his federal conviction for posting rap lyrics on his Facebook page that his ex-wife had found threatening. Anthony Elonis says his Facebook rants about killing his wife were supposed to be rap lyrics. These posts were But so far, most lower courts have rejected that view, ruling that a "true threat" depends on how an objective person perceives the message. In controversy were the purported threats of violent rap lyrics written by Anthony Douglas Elonis and posted to Facebook under a pseudonym. They point out that a message on Facebook intended for a small group could be taken out of context when viewed by a wider audience. Under a pseudonym “Tone Dougie” used on the social media website Facebook, Elonis, after his wife left him, posted self-styled rap lyrics (University). But the court has been careful to distinguish threats from protected speech such as 'political hyperbole' or 'unpleasantly sharp attacks.'. Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent. IE 11 is not supported. 'Victims of stalking are financially, emotionally and socially burdened by the crime regardless of the subjective intent of the speaker,' the organization said. Mon - Fri 9:00am - 5.00pm; Weekends - Appointments only 1/25, Perpetual Street, Truganina, 3029, VIC, Australia 03 8380 1182 [email protected] 'The First Amendment does not require that a person be permitted to inflict those harms based on an unreasonable subjective belief that his words do not mean what they say,' government lawyers said. His lawyers say the posts were heavily influenced by rap star Eminem, who has also fantasized in songs about killing his ex-wife. Defendant Anthony Elonis' 2010 Facebook rants concerned attacks on an elementary school, his estranged wife, and even the FBI. In a far-reaching case that probes the limits of free speech over the Internet, the Supreme Court on Monday was to consider whether Elonis' Facebook posts, and others like it, deserve protection under the First Amendment. But the court has been careful to distinguish threats from protected speech such as "political hyperbole" or "unpleasantly sharp attacks.". All were subjects of rap-style lyrics he posted to Facebook, under the pseudonym Tone Dougie. A federal appeals court rejected his claim that his comments were protected by the First Amendment. Violent: Anthony Elonis posted violent words on Facebook which he says are rap lyrics but which his ex-wife felt threatened by - and which the FBI arrested him … Shortly after his wife decided to leave him, 28-year-old Anthony Elonis, under the pseudonym “Tone Dougie,” began posting “self-styled ‘rap’ lyrics” on Facebook that contained “graphically violent language and imagery” concerning, among others, his estranged wife, a kindergarten class, and state and federal law enforcement. About BLOOMING time! In one post Anthony Elonis wrote, 'There's one way to love you but a thousand ways to kill you. Elonis had posted rap lyrics under the name of “Tone Dougie” that appeared to threaten his ex-wife, an FBI agent, and even a kindergarten class.However, he had included disclaimers indicating that his lyrics were “fictitious,” that they were “therapeutic,” that they emulated the lyrics of rap starEminem, and that they were a proper exercise of Elonis’ First Amendment rights. He was subsequently arrested in December 2010 after his estranged wife and law enforcement found his lyrics were threatening. December 2014: The U.S. Supreme Court said a jury should have weighed the intent and not just the lyrics of a rap posted to Facebook by Anthony Elonis of Freemansburg. He was charged with the federal crime of making threats over interstate lines. But his wife didn't see it that way. It was the first time the Court has heard a case considering true threats and the limits of … WASHINGTON — Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent. Elonis, who's from Bethlehem, Pennsylvania, was convicted of violating a federal law that makes it a crime to threaten another person. The government says it does not matter what Elonis intended, and that the true test of a threat is whether his words make a reasonable person feel threatened. Pull my knife, flick my wrist and slit her throat.'. Anthony Elonis, a Pennsylvania man in the midst of losing his job and his wife, turned to Facebook to write violent rap lyrics under the pseudonym Tone Dougie. Elonis claims he was just kidding when he wrote the lyrics and that they should be protected by the First Amendment to free speech. In Elonis v. United States, justices sided 7-2 with the clinic’s client, Pennsylvania man Anthony Elonis, who was appealing his conviction for making threats against his estranged wife and others on Facebook. The Marion R. Brechner First Amendment Project filed the brief on behalf of two rap music scholars in the case. Pull my knife, flick my wrist and slit her throat.". "A statute that proscribes speech without regard to the speaker's intended meaning runs the risk of punishing protected First Amendment expression simply because it is crudely or zealously expressed," said a brief from the American Liberties Union and other groups. The lyrics were perceived as threats by his wife, his employer, a kindergarten class, and the FBI. The case has drawn widespread attention from free-speech advocates who say comments on Facebook, Twitter and other social media can be hasty, impulsive and easily misinterpreted. The case is Elonis v. United States, 13-983. The rap lyrics in questions contained vividly violent language and imagery. We are no longer accepting comments on this article. In its brief to the court, the Justice Department argued that no matter what someone believes about his comments, it does not lessen the fear and anxiety they might cause for other people. The U.S. Supreme Court denied a second appeal by Anthony Elonis, a Freemansburg man convicted in 2011 of threatening to kill his wife, an FBI agent and shoot up a kindergarten. After his wife left him, petitioner Anthony Douglas Elonis, under the pseudonym “Tone Dougie,” used the social networking Web site Facebook to post self-styled rap lyrics containing graphically violent language and imagery concerning his wife, co-workers, a kindergar-ten class, and state and federal law enforcement. ', A female FBI agent later visited Elonis at home to ask him about the postings. But unlike other case briefs supporting Anthony Elonis that cite William Blackstone, Oliver Wendell Holmes, Jr., and John Stuart Mill as authorities, the Brechner Brief cites Jay-Z, the Notorious B.I.G, and Eminem in its arguments. IE 11 is not supported. Anthony Elonis, whose wife and family just left him, started writing violent rap lyrics on Facebook. Neither did a federal jury. Elonis also stated “Art is about pushing limits, I’m willing to go to jail for my constitutional rights.” A federal appeals court rejected his claim that his comments were protected by the First Amendment. But Elonis' wife testified that the comments made her fear for her life. The Obama administration says requiring proof that a speaker intended to be threatening would undermine the law's protective purpose. The comments below have not been moderated. Elonis took to Facebook again: "Little agent lady stood so close, took all the strength I had not to turn the b---- ghost. Elonis was convicted of making threats of violence and sentenced to nearly four years in federal prison. Pennsylvania man Anthony Elonis posted Facebook messages, written in the form of rap lyrics, that talked about killing his wife, knifing a female FBI agent and shooting schoolchildren in 2010. Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife. Posts about Anthony Elonis written by Erin C. Dougherty. Neither did a federal jury. Comic Relief: Prince William hails 'incredible generosity', Helen Whately calls for public to 'hold off on booking' holidays, Wrecked police van on fire after Bristol protesters attack it, Protestors and officers in Bristol clash at anti-police bill demo, Thousands of rodents swarm around local farm in New South Wales, Mother demonstrates how she murdered her son by setting him on FIRE, Police van rocked by 'Kill the Bill' protest in Bristol, Spectators at Russian circus flee as elephants brawl near seats, Members of the public step in to stop bike thieves in Victoria Park, Putin takes Russia defence minister for Siberian cross-country ride, Horrifying moment man attacks pregnant woman in Stamford Hill, Police and anti-lockdown protesters clash in middle of Hyde Park. After she obtained a protective order against him, Elonis wrote a lengthy post mocking court proceedings: 'Did you know that it's illegal for me to say I want to kill my wife? The Court threw out the conviction of a man charged with posting threatening rap lyrics to Facebook. The high court in Washington, DC pictured above on November 18, 2014, For more than four decades, the Supreme Court has said that 'true threats' to harm another person are not protected speech under the First Amendment. Elonis v. United States is the result of social media posts by Anthony Douglas Elonis. Published: 13:12 GMT, 30 November 2014 | Updated: 20:59 GMT, 30 November 2014, Anthony Elonis (pictured) was sentenced to four years in prison, after posting violent lyrics about murdering his ex-wife to Facebook. Supreme Court hears case on Facebook free speech. The government says it does not matter what Elonis intended, and that the true test of a threat is whether his words make a reasonable person feel threatened. Elonis argues that his lyrics were simply a crude and spontaneous form of expression that should not be considered threatening if he did not really mean it. ", A female FBI agent later visited Elonis at home to ask him about the postings. But his wife didn't see it that way. The case involves Pennsylvania resident Anthony Elonis, who was sentenced to four years in prison for posting explicit rap lyrics in which he threatened to murder his estranged wife, shoot up elementary schools and slit the throat of an FBI agent who was investigating his case. This is exactly what Anthony Elonis did. The ACLU filed an amicus brief in support of the petitioner. The Supreme Court will decide whether his intent mattered. The National Center for Victims of Crime, which submitted a brief supporting the government, said judging threats based on the speaker's intent would make stalking crimes even more difficult to prosecute. Due to some graphic language, reader discretion is advised. When Elonis’ wife took their kids and left him, he started to act out on Facebook. It doesn't add up! Part of the Daily Mail, The Mail on Sunday & Metro Media Group. Elonis took to Facebook again: 'Little agent lady stood so close, took all the strength I had not to turn the bitch ghost. One post about his wife said, "There's one way to love you but a thousand ways to kill you. Elonis was convicted of making threats of violence and sentenced to nearly four years in federal prison. Rap lyrics are often deemed autobiographical, even if the rapper composed them under a different name. For an optimal experience visit our site on another browser. Elonis argued his comments, styled as rap lyrics, were made in jest to blow off steam. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Body language tricks to make YOU instantly more attractive: Influencer shares tricks for singletons -... Hotel workers reveal the most bizarre things they've seen on the job - including a woman giving birth in the... 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