Weighing in on a case that will significantly impact expression on Facebook, Twitter and other social networks, The Rutherford Institute has asked the U.S. Supreme Court to reverse the conviction of a Pennsylvania man who was charged with making unlawful threats (it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail after he posted allusions to popular song lyrics and comedy routines on his Facebook page.<\/p>\n
The Rutherford Institute\u2019s amicus brief in\u00a0Anthony D. Elonis v. United States of\u00a0<\/em>America<\/em>\u00a0argues that the First Amendment protects even inflammatory statements that may give offense or cause concern to others unless the statements were a credible threat to engage in violence against another and made by the defendant with the intent to cause fear in the alleged victim.<\/p>\n The case arises out of Facebook postings made by Anthony Elonis expressing his anger about events in his life, and which were based upon rap lyrics of artists such as Eminem and a comedy sketch of the group The Whitest Kids U\u2019 Know.<\/p>\n