360° Coverage : Free speech or illegal threats? Justices could say

2 Updates

Free speech or illegal threats? Justices could say

Jun 7 2014, 11:48pm CDT | by

WASHINGTON (AP) — Messages posted on Facebook and Twitter or sent in emails can be tasteless, vulgar and even disturbing. But just when do they cross the line from free...

Filed under: news

 
 
 

19 weeks ago

Free speech or illegal threats? Justices could say

Jun 7 2014, 11:48pm CDT | by

WASHINGTON (AP) — Messages posted on Facebook and Twitter or sent in emails can be tasteless, vulgar and even disturbing.

But just when do they cross the line from free speech to threats that can be punished as a crime?

As the Internet and social networks allow people to vent their frustrations with the click of a mouse, the Supreme Court is being asked to clarify the First Amendment rights of people who use violent or threatening language on electronic media where the speaker's intent is not always clear.

The justices could decide as early as Monday whether to hear appeals in two cases where defendants were convicted and sent to jail for making illegal threats, despite their claims that they never meant any harm.

In one case, a Pennsylvania man ranted on Facebook in the form of rap lyrics about killing his estranged wife, blowing up an amusement park, slitting the throat of an FBI agent and committing "the most heinous school shooting ever imagined."

The other case involves a Florida woman who emailed a conservative radio talk show host about "second amendment gun rights" and said she was planning "something big" at a Broward County government building or school.

"I'm going to walk in and teach all the government hacks working there what the 2nd Amendment is all about," the email said. Her comments triggered a lockdown affecting more than a quarter-million students.

In both cases, the defendants were prosecuted under a federal statute that makes it crime to transmit a "threat to injure the person of another." Those laws apply only to "true threats" that are not protected by the First Amendment under a doctrine established by the Supreme Court in 1969. The high court has said laws prohibiting threats must not infringe on constitutionally protected speech that includes "political hyperbole" or "vehement," ''caustic," or "unpleasantly sharp attacks" that fall shy of true threats.

Most lower courts say determining a true threat depends on how an objective person would understand the message. But lawyers for the defendants, along with some free-speech groups, say it should depend on the speaker's state of mind. They say the rise of new forms of social media and the freedom of political discourse can lead people to misinterpret comments that are colorful political tirades or coarse rap lyrics not meant to threaten harm.

Those who support a subjective standard say the threat law should be governed by the Supreme Court's 2003 ruling in Virginia v. Black. In that case, the court invalidated Virginia's law against cross-burning because it did not include a crucial component: whether the Ku Klux Klan intended to intimidate someone by burning the cross.

The Obama administration says the cross-burning case does not require a specific intent to threaten. In its brief to the court, Justice Department attorneys say requiring proof of a subjective threat would undermine the law's purpose.

The wife of the Bethlehem, Pennsylvania, man, Anthony Elonis, testified at his trial that the postings made her fear for her life. One post about his wife said, "There's one way to love you but a thousand ways to kill you. I'm not going to rest until your body is a mess, soaked in blood and dying from all the little cuts."

FBI agents visited Elonis at home after the amusement park that fired him contacted law enforcement officials about his posts. After the agents left, Elonis wrote: "Little agent lady stood so close, took all the strength I had not to turn the (woman) ghost. Pull my knife, flick my wrist and slit her throat."

Elonis says he never meant to carry out the threats. He claims he was depressed and made the online posts in the form of rap lyrics as a way to vent his frustration after his wife left him.

Samuel Randall, attorney for Ellisa Martinez in the Florida case, said his client was attempting to make a mocking political point about the dangers of gun violence when she emailed the radio station. He said Martinez, of New Port Richey on Florida's Gulf Coast, never intended to cause such a big problem or harm anyone.

___

Follow Sam Hananel on Twitter at http://twitter.com/SamHananelAP

 
Update
2

8 weeks ago

Khazanah throws MAS RM6b lifeline

Aug 29 2014 5:01pm CDT | Source: Business Times Singapore

August 30, 2014 1:15 AMKHAZANAH Nasional will inject RM6 billion (SS$2.4 billion) over three years to resuscitate loss-making Malaysia Airlines (MAS) under a recovery plan that includes even an Act of Parliament. Other key moves are migrating its operations, assets and liabilities to a new company (NewCo) and s ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 
Update
1

8 weeks ago

MAS posts loss of RM307m for Q2

Aug 28 2014 5:00pm CDT | Source: Business Times Singapore

August 29, 2014 1:13 AMMALAYSIA Airlines (MAS) registered a loss of RM307 million (S$122 million) for the second quarter to end-June, but warned of worse to come in the second half when the "full financial impact of the double tragedies of MH370 and MH17" hits ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 

Don't miss ...

 

<a href="/latest_stories/all/all/31" rel="author">Associated Press</a>
The Associated Press (AP) is one of the largest and most trusted sources of independent newsgathering, supplying a steady stream of news to its members, international subscribers and commercial customers.

 

blog comments powered by Disqus

Latest stories

Pakistan hails UN for granting D-8 observer status
Islamabad, Oct 25 (IANS) Pakistan Saturday welcomed the UN's decision to grant observer status to the Developing-Eight (D-8) Organisation for Economic Cooperation.
 
 
How body regulates weight loss
New York, Oct 25 (IANS) A hormone seen as a popular target to develop weight-loss drugs works by directly targeting the brain and triggering previously unknown activity in the nervous system, researchers have found.
 
 
Scientists grow functioning vessel with two tablespoons of blood
London, Oct 25 (IANS) In a path-breaking research, a team of Swedish researchers has successfully grown brand new blood vessels with just two tablespoons of blood in a flat seven days.
 
 
Let your mind wander to boost mental performance
New York, Oct 25 (IANS) Engaging brain areas linked to so-called "off-task" mental activities such as mind-wandering and looking back at good times can actually boost performance on some challenging mental tasks, new research reveals.
 
 
 

Latest from the Network

Second MERS case reported in Qatar
Doha, Oct 23 (IANS) A 43-year-old man in Qatar has tested positive for Middle East Respiratory Syndrome (MERS) in the second confirmed case of the deadly virus in 10 days, media reported Thursday. The patient had...
Read more on Business Balla
 
Two people die in Pakistan bomb blast
Islamabad, Oct 23 (IANS) At least two people were killed and 12 others injured in an explosion that took place in Pakistan's Balochistan province Thursday, media reported. The bomb was planted on a motorcycle, Dawn...
Read more on Politics Balla
 
Trott extends contract with Warwickshire till 2017
London, Oct 23 (IANS) England batsman Jonathan Trott, whose mental issues led to his abrupt departure from last winter's Ashes tour, has confirmed his successful comeback to competitive cricket by signing a new three-...
Read more on Sport Balla
 
Srikanth, Kashyap big movers in BWF rankings
Kuala Lumpur, Oct 23 (IANS) Indian men shuttlers Kidambi Srikanth and Parupalli Kashyap jumped seven places each in the latest Badminton World Federation (BWF) rankings released Thursday while Olympic bronze medallist...
Read more on Sport Balla
 
Alvin Stardust dead
London, Oct 23 (IANS) English singer Alvin Stardust died after a short illness. He was 72. Stardust's manager confirmed the news about his demise Thursday, reports mirror.co.uk. He was recently diagnosed with...
Read more on Celebrity Balla
 
Indian man reunited with family after 40 years
Dubai, Oct 23 (IANS) An Indian man, who had disappeared from his hometown in Kerala nearly 40 years ago, has been found by his family at a hospital in Dubai in the UAE, a newspaper report said. Now in his 60s, Abdulla...
Read more on Politics Balla
 
Srikanth, Kashyap, Saina rise in world rankings
Kala Lumpur, Oct 23 (IANS) Indian men shuttlers Kidambi Srikanth and Parupalli Kashyap jumped seven places each in the latest released Badminton World Federation (BWF) rankings Thursday while Olympic bronze medallist...
Read more on Sport Balla
 
Flintoff signs for Big Bash side Brisbane Heat
Brisbane, Oct 23 (IANS) Former England captain and all-rounder Andrew Flintoff, who retired from international cricket in 2009, Wednesday confirmed that he will play for Brisbane Heat in the Big Bash League (BBL) this...
Read more on Sport Balla
 
OPEC daily basket price falls again
Vienna, Oct 23 (IANS/WAM) The basket of 12 crude oils of the Organization of Petroleum Exporting Countries (OPEC) closed at $81.94 a barrel Wednesday compared to $82.09 Tuesday, the OPEC Secretariat said. The new OPEC...
Read more on Business Balla
 
Lopez to sign multi-million dollar deal?
Los Angeles, Oct 23 (IANS) Singer-actress Jennifer Lopez is reportedly in the final stages of securing a multi-million dollar deal to perform in Las Vegas. The 45-year-old is being offered $350,000 per show at The...
Read more on Celebrity Balla