http://www.dailykos.com/story/2015/06/01/1389529/-Supreme-Court-makes-the-Internet-a-little-less-safe-for-women?detail=email
Among other threats to his ex-wife, Anthony Douglas Elonis posted this on his Facebook wall:
If I only knew then what I know now, I would have smothered your ass with a pillow, dumped your body in the back seat, dropped you off in Toad Creek, and made it look like a rape and murder.
At trial, Elonis’s ex-wife and co-workers all testified that they felt afraid from what he had posted, and viewed these posts as serious threats. Elonis was convicted for making online threats via interstate commerce and sentenced to 44 months in prison, after the judge had instructed the jury that Elonis could be convicted so long as "a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily injury or take the life of an individual." (Elonis's defense was that, as a budding rapper, "Tone Dougie," he was merely engaging in artistic expression like Eminem.)
According to the Supreme Court, the judge employed too loose of a standard. In a 7-2 decision today, the court reversed Elonis's conviction, holding that prosecutors had to prove beyond a reasonable doubt that he intended his remarks as a threat or knew that his ex-wife would see it that way. (The court left open for another day whether he could be convicted if he were merely reckless as to how she would take it.)
this has got to be right up top with other scotus decisions that the evidence of potential crime staring them in the face and they say it's not clear. that's the same thing they said about NC and voter suppression and striking sect 4 than 2 hours later NC and others puts in place the most horrendous voter suppressive laws yet and the scotus still refuse to see the error in their ways.
what bothers me about this decision is they said it was 7-2 vote who were the two Dems who voted against protection from threats most who know him see as a reality??
