The Marion B. Brechner First Amendment Project filed a friend-of-the-court brief last week with the U.S. Supreme Court in the case of United States v. Elonis.

“The case deals with the true threats doctrine in First Amendment jurisprudence. True threats is a contentious and muddled area of law, and we want the high court to take this case to clarify how the doctrine applies to new modes of online expression and controversial genres of artistic expression,” said Clay Calvert, director of the Marion B. Brechner First Amendment Project.

The Elonis case involves alleged threats posted on Facebook and conveyed in the form of rap lyrics.

“The Court has never addressed a true threats case in this modern-day context. Its most recent decision in the area involved a cross burning. It has yet to consider a true threats dispute involving online social media and/or rap music,” Calvert said.

The brief was filed in coordination with the Thomas Jefferson Center for the Protection of Free Expression at the University of Virginia in Charlottesville.

The Marion B. Brechner First Amendment Project is a non-profit, non-partisan organization dedicated to current and contemporary issues affecting the First Amendment freedoms of speech, press, thought, assembly and petition.

Posted: March 25, 2014
Category: College News
Tagged as: Marion B. Brechner First Amendment Project