Elonis v. United States
What's at Stake
Whether the government is required to prove that someone prosecuted for making threatening statements intended his words to be taken as a threat.
Summary
What the Supreme Court has called "true threats" are not protected by the First Amendment. The question in this case is whether the constitutional definition of a "true threat" includes both a subjective element (the speaker intended his words to be taken as a threat) as well as an objective element (a reasonable listener would have understood the words as a threat). In its amicus brief, the ACLU argues that proof of subjective intent is required to ensure that protected speech is not chilled by the fear of criminal prosecution.
Legal Documents
-
08/22/2014
Elonis v. United States - Amicus Brief
Date Filed: 08/22/2014
Press Releases
ACLU Comment on Supreme Court Ruling in Online Threat Case