Free Speech In The Age Of Facebook & Gangsta Rap

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Feb 12, 2014
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Free speech doesn’t permit you to make a true threat against the safety of another person. But what’s a true threat? Is it enough that a reasonable listener would consider the threat real? Or do you have to mean it? The US Supreme Court has considered this First Amendment question in the past, but now it’s taking it up in the age of Facebook and gangsta rap—and the answer may well be different to fit a different era.

The case arose in 2010 when Anthony Elonis, then an employee of Dorney Park and Wildwater Kingdom in Allentown, Pennsylvania, began to melt...

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