Ex-CBS Reporter: Spineless Media Bosses Eroding Our First Amendment
Former CBS investigative journalist Sharyl Attkisson joins Larry with her personal story of harassment, intimidation spying by the federal government and about the media bosses who allow...
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Ex-CBS Reporter: Spineless Media Bosses Eroding Our First Amendment - Video
When your parents told you to watch what you post on social media, did you roll your eyes thinking it was an overreaction? Anthony Elonis, a man who posted a threat to his ex-wife as a Facebook status, should have heeded that advice.
According to a CNN article, Elonis case regarding his posts will be heard by the United States Supreme Court, marking the first time an official ruling will take place regarding social media and freedom of speech. His ex-wife, Tara Elonis, moved for a protective order because of the posts.
While the First Amendment protects free speech, including harsh words and commentary, it never should be used to justify a threat. Elonis posted, Fold up your protection from abuse order and put it in your pocket. Is it thick enough to stop a bullet?" He posted several similar status updates that would make anyone consider him as a major threat to society, and especially to Tara.
Elonis attorney, John Elwood, told CNN that the posts were a way to blow off steam, defining them as therapeutic. However, Facebook is not a good place to let off steam. If Elonis had desires to murder his ex-wife, he should have consulted a licensed psychiatrist, not a social media website. When someone spreads panic in a public domain, it should not be protected under the First Amendment.
Solicitor General Donald Verrilli Jr., who will lead the prosecution for the United States during the Supreme Court case, agreed with this assertion, comparing Elonis statements to a bomb threat.
Even if Elonis did not intend to carry out these threats, he should still be liable for the consequences of creating panic. A Pennsylvania jury found Elonis guilty earlier this year, and he was sentenced to 44 months in prison.
Elwood likened Elonis statements to a rap artist blowing off steam in a song, as an artistic and creative outlet. It does not matter how creatively a threat is written. A threat is a threat, no matter how one masks it.
Supporters of Elonis claim that the First Amendment protects the death threats he posted on Facebook. However, the First Amendment cannot protect Elonis ex-wife from a potential gunshot.
The underlying point is that everything we post on Facebook is public, and the author is responsible for what they post. Elonis could have used privacy settings or personal messages to keep his threatening feelings a secret; but the moment he posted them to his wall, he created a panic for his ex-wife.
In this case, Elonis deserved what he got.
Originally posted here:
First Amendment does not justify Facebook threats
JUDY WOODRUFF: When writing in social media, like Facebook, what is defined as a threat and what is protected by free speech? That was the question at the center of a case before the Supreme Court today.
Jeffrey Brown has the story.
And a warning: This case contains some graphic language.
JEFFREY BROWN: In 2010, Anthony Elonis began writing Facebook posts about his ex-wife, angry rants filled with violent language. She filed a restraining order. And eventually Elonis was charged with threatening to injure another person and sentenced to four years in prison.
Now the Supreme Court must decide were indeed threats under the law or an exercise of his First Amendment rights.
And Marcia Coyle of The National Law Journal was of course at the court today to hear the arguments.
Marcia, first, give us a little bit more details, a little bit more background on this case.
MARCIA COYLE, The National Law Journal: All right.
Mr. Elonis was obviously having difficulties after he separated from his wife and his children. He was unable to do his job at an amusement park outside of Allentown, Pennsylvania. He was sent home from work several times by his employers because he was crying at his desk.
And also he was accused of sexual harassment by a co-worker, at least one co-worker. Ultimately, he was fired by his job, and he did do a post involving his co-workers at the amusement park that wasnt a very good one, but he wasnt charged under that. It was the posts that he made involving violent statements against his wife, against law enforcement officials in particular, an FBI agent who visited his home after the FBI began monitoring his posts, and also against elementary schools, threatening possibly to go in and have a major mass shooting.
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Supreme Court tests limits of free speech online with case on social media threats
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