The Supreme Court on Monday made it harder for prosecutors to convict those who make violent statements on Facebook and other social media, saying it is not enough that an ordinary person would find the rants threatening.
In its first examination of the murky rules regarding conduct on the Internet, the court moved cautiously while throwing out the conviction of a Pennsylvania man whose postings, delivered in rap-lyric style, suggested killing his estranged wife, federal law enforcement officials and even a kindergarten class.
Chief Justice John G. Roberts Jr., noting that Anthony Douglas Elonis had said he intended his postings to be fictitious and even therapeutic, said a defendant’s state of mind had to be considered.
But the opinion offered little in the way of specifics about what must be proved for a conviction, and Justices Clarence Thomas and Samuel A. Alito Jr. criticized the opinion as more confusing than enlightening.
