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Rapper jailed for posting lyrics on Facebook threatening to kill ex-wife

Anthony Elonis (AKA Tone Dougie) says the threats weren’t real.

ANTHONY ELONIS CLAIMED he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent.

But his wife didn’t see it that way. Neither did a federal jury.

Elonis, who’s from Bethlehem, Pennsylvania, was convicted of violating a federal law that makes it a crime to threaten another person.

In a far-reaching case that probes the limits of free speech over the Internet, the Supreme Court on Monday was to consider whether Elonis’ Facebook posts, and others like it, deserve protection under the First Amendment.

Elonis argues that his lyrics were simply a crude and spontaneous form of expression that should not be considered threatening if he did not really mean it. The government says it does not matter what Elonis intended, and that the true test of a threat is whether his words make a reasonable person feel threatened.

One post about his wife said, “There’s one way to love you but a thousand ways to kill you. I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts.”

The case has drawn widespread attention from free-speech advocates who say comments on Facebook, Twitter and other social media can be hasty, impulsive and easily misinterpreted. They point out that a message on Facebook intended for a small group could be taken out of context when viewed by a wider audience.

“A statute that proscribes speech without regard to the speaker’s intended meaning runs the risk of punishing protected First Amendment expression simply because it is crudely or zealously expressed,” said a brief from the American Liberties Union and other groups.

But so far, most lower courts have rejected that view, ruling that a “true threat” depends on how an objective person perceives the message.

For more than four decades, the Supreme Court has said that “true threats” to harm another person are not protected speech under the First Amendment. But the court has been careful to distinguish threats from protected speech such as “political hyperbole” or “unpleasantly sharp attacks.”

Elonis claims he was depressed and that his online posts under the pseudonym “Tone Dougie” were a way to vent his frustration after his wife left him and he lost his job working at an amusement park. His lawyers say the posts were heavily influenced by rap star Eminem, who has also fantasized in songs about killing his ex-wife.

But Elonis’ wife testified that the comments made her fear for her life.

After she obtained a protective order against him, Elonis wrote a lengthy post mocking court proceedings: “Did you know that it’s illegal for me to say I want to kill my wife?”

A female FBI agent later visited Elonis at home to ask him about the postings. Elonis took to Facebook again: “Little agent lady stood so close, took all the strength I had not to turn the bitch ghost. Pull my knife, flick my wrist and slit her throat.”

Supreme Court Facebook Threats The US Supreme court will hear the case tomorrow. AP AP

Elonis was convicted of making threats of violence and sentenced to nearly four years in federal prison. A federal appeals court rejected his claim that his comments were protected by the First Amendment.

The Obama administration says requiring proof that a speaker intended to be threatening would undermine the law’s protective purpose. In its brief to the court, the Justice Department argued that no matter what someone believes about his comments, it does not lessen the fear and anxiety they might cause for other people.

“The First Amendment does not require that a person be permitted to inflict those harms based on an unreasonable subjective belief that his words do not mean what they say,” government lawyers said.

The National Center for Victims of Crime, which submitted a brief supporting the government, said judging threats based on the speaker’s intent would make stalking crimes even more difficult to prosecute.

“Victims of stalking are financially, emotionally and socially burdened by the crime regardless of the subjective intent of the speaker,” the organisation said.

Read: ‘Deliberate censorship’: China has blocked the BBC website >

Read: Twitter sues the US government over right to disclose surveillance orders >

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206 Comments
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    Mute Mr Phil Officer
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    Sep 27th 2015, 1:34 PM

    Journal give this guy Conor Farrell a regular slot to tell us about astronomical stuff.

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    Mute catkins407
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    Sep 27th 2015, 1:40 PM

    Agreed and start with dark energy ! Obsessed with this at the moment !

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    Mute Mr Phil Officer
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    Sep 27th 2015, 2:01 PM

    Sure why not, there is so much to be covered why not start off with dark energy.

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    Mute Ronan Stokes
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    Sep 27th 2015, 8:10 PM

    will someone please film it and stick it up on youtube, thanks.

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    Mute Charlie Melia
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    Sep 28th 2015, 9:44 PM

    Stayed up and was completely underwhelmed. Even with the telescope it looked nothing like the spectacular pictures put up which were obviously photo shopped…….

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    Mute fixxxation
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    Sep 27th 2015, 1:15 PM

    Will definitely sacrifice a couple of goats watching this. Just seems the appropriate thing to do.

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    Mute Íurach
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    Sep 27th 2015, 2:40 PM

    Harvest moons are generally when one reaps what one’s sown…

    This one’s special…

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    Mute Supernova
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    Sep 27th 2015, 1:08 PM

    I’ll definitely be out to watch this! I think it’s fascinating.

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    Mute FlyB
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    Sep 27th 2015, 1:33 PM

    Good time to have an orgy. Anyone free ??

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    Mute Michael Sands
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    Sep 27th 2015, 10:47 PM

    Otherwise you have to pay for it and that is illegal now lol.

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    Mute Derek
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    Sep 27th 2015, 11:19 PM

    Are you Dirty Mike and the Boys?

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    Mute Hardcore Kerry GAA
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    Sep 27th 2015, 1:51 PM

    Setting the alarm clock for this.

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    Mute stephen
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    Sep 27th 2015, 2:05 PM

    I’ll be in the park across the road like a right creep that hour of the morning

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    Mute catkins407
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    Sep 27th 2015, 1:25 PM

    2019 ? Doesn’t it say 2029 on the other article ? Which one is correct ? What year will it next be visible from Ireland ?

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    Mute catkins407
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    Sep 27th 2015, 1:25 PM

    Just want to stick it in the diary you see

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    Mute Dylan Drein
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    Sep 27th 2015, 1:48 PM

    I think the date of 2029 was for when it would be visible in the evening, whereas this one and the 2019 seem to be visible in the early hours of the morning.

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    Mute catkins407
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    Sep 27th 2015, 1:52 PM

    Ohhhh thanks Dylan ! Get it now .

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    Mute Cyril Sneer
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    Sep 27th 2015, 2:21 PM

    The next total “supermoon” lunar eclipse, which is what is occurring tonight – when a full moon is at its closest point to Earth & appears bigger & brighter in the night sky – won’t be seen from Ireland again until 2033. Hopefully we get clear skies!

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    Mute Jarlath Murphy
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    Sep 27th 2015, 1:42 PM

    Wouldn’t miss it for the world!

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    Mute Larissa Caroline Nikolaus
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    Sep 27th 2015, 2:01 PM

    What’s the weather forecast like? Will it actually be visible?

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    Mute Mr Phil Officer
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    Sep 27th 2015, 2:04 PM

    Irish weather, I’m pessimistically optimistic.

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    Mute Larissa Caroline Nikolaus
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    Sep 27th 2015, 2:06 PM

    Hope for the best and expect the worst, in other words :)

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    Mute Mr Phil Officer
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    Sep 27th 2015, 2:16 PM

    Good answer.

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    Mute Michael Sands
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    Sep 27th 2015, 10:48 PM

    Only if the skirts not long enough… Only joking lol.

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    Mute Brendan
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    Sep 27th 2015, 1:45 PM

    We’re all f*cked

    It’s the end if the world tonight

    Where is joe Duffy when ya need him

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    Mute Supernova
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    Sep 27th 2015, 1:52 PM

    The moon is a kip according to Joe

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    Mute Jamie McCormack
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    Sep 27th 2015, 2:08 PM

    Ah go on.

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    Mute Brendan
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    Sep 27th 2015, 2:44 PM

    He would know sure he knows everything about anything

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    Mute Michael Sands
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    Sep 27th 2015, 10:45 PM
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    Mute Richard Cynical
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    Sep 27th 2015, 1:08 PM

    de javu anyone

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    Mute TommyJung
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    Sep 27th 2015, 1:06 PM

    Guess there’s going to be an article about ‘A BLOOD SOAKED MOON’ every two minutes now till morning.

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    Mute Michael Sands
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    Sep 27th 2015, 11:19 PM

    Beer goggles…

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    Mute Michael Sands
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    Sep 27th 2015, 11:25 PM

    There was a saying to say to the moon…
    I see the moon and the moon sees me.
    God bless the Pries who Baptised me…

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