Thursday June 4, 2015
THE GOOD NEWS: Americans have a right to freely express themselves on the Internet, including making threatening—even violent—statements on Facebook, provided that they don’t intend to actually inflict harm.
The Supreme Court’s ruling in Elonis v. United States threw out the conviction of a Pennsylvania man who was charged with making unlawful threats (it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail after he posted allusions to popular rap lyrics and comedy routines on his Facebook page. It’s a ruling that has First Amendment implications for where the government can draw the line when it comes to provocative and controversial speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.
That same day, Section 215 of the USA Patriot Act, the legal justification allowing the National Security Agency (NSA) to carry out warrantless surveillance on Americans, officially expired. Over the course of nearly a decade, if not more, theNSA had covertly spied on millions of Americans, many of whom were guilty of nothing more than using a telephone, and stored their records in government databases. For those who have been fighting the uphill battle against the NSA’s domestic spying program, it was a small but symbolic victory.