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Violent threats aren't protected speech: #tellusatoday


The Supreme Court on Monday heard arguments about whether threats on social media, sometimes made in rap lyrics, constitute a "true threat." Comments from Facebook are edited for clarity and grammar:

How many times over the years has a mass murderer made threatening comments about what he was going to do, and investigators found out after the act? And then we all shout, "They should have stopped him then."

We shouldn't have to wait until Anthony Elonis, the defendant in the case before the Supreme Court, actually kills someone. He posted person-to-person threats, which are different from rap lyrics. They sounded credible to me, and I would have been frightened.

— Bob Rejefski

While I would agree with any real threat being illegal, how do you handle an expression of speech? I'm sure many individuals going through a contentious divorce have made threats in a heated fight that are not meant seriously. It's hard to know someone's true meaning in those situations.

Andy Hapka

Intent is the hardest thing to prove. I doubt the Supreme Court will decide the case based on intent. Why is a standard based on how a "reasonable person" would react wrong?

Gene O'Donnell

The question is not "Did this person cross the line?" The question that the court is struggling with is "Where is the line?" Most of us can easily agree when someone is clearly over the line; the difficulty is in more ambiguous cases.

It is unjust to punish one person for something that another person thinks, even if the person on the receiving end feels threatened. Someone could conjure up a perceived threat from ordinary conversation.

George Herrmann

If we start cracking down on freedom of speech, where would it stop? Let's say I go on Facebook, using it as a diary, and I write: I could kill my husband; he made me pick up his socks one time too many. Would I end up in jail? Should we not have to prove that it is a credible threat, that the person actually intends to do harm?

However, once we start down this path, will we try to stop language that we feel is offensive? Who decides what's good and what isn't? We should be very careful about messing with our freedoms any more than we already have.

Karen Monson

'Let people police themselves'

We asked followers on Twitter when they thought threatening comments on social media become criminal activity. Comments are edited for clarity and grammar:

It's a tricky subject. The saying "your right to swing your fist freely ends at my nose" would seem to hold true on social media.

— @AFerraiolo4

Stop making new rules! Let people police themselves.

@Jules7604

This case seems like it is taking a step toward fascism, and more freedoms will be taken away. When do thoughts become crime?

@danm414

If threatening comments can be criminal, then a lot of people will be going to jail.

@Arrogant_jaay

For more of the conversation, follow@USATOpinion or #tellusatoday on Twitter.