On December 1st, the Supreme Court will hear oral arguments in Elonis v. United States , the first case about online threats to reach the highest level of judicial review. It’s a timely case, coinciding with increased attention around the online harassment of women—from Caroline Criado-Perez to Zoë Quinn and the other women targeted by Gamergate. The case has the potential to broadly change what kind of online speech can be prosecuted.
The case centers on Anthony Elonis, who was convicted after writing graphic, gory fantasies about mutilating and killing his wife and other women and posting them to Facebook. The issue before the Supreme Court is whether "a true threat" requires finding that the threatener subjectively intended to be...
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