FBI agent, said his client should not have been convicted without prosecutors showing that he intended for his crude and violent Facebook posts be taken seriously.” Elonis should not be found guilty because he never acted out on his posts, courts can not prove his intent, and he is protected under the first amendment of freedom of speech.
Elonis never acted out on his posts because whether or not he never intended them to be actual threats. In fact, Elonis’s attorney stated that his client was not threatening anyone - that he was just imitating Eminem.
If Elonis took Eminem’s harsh lyrics seriously, then he would have went on with his plan to harass his ex-wife.
The Supreme Court will not be able to prove his intent because the posts on Facebook were not legitimate. When you vent on social media like
Elonis, you pour out your feelings, thoughts and you just write what you think. That is exactly what Elonis was doing. Frustration started to build up but Elonis never harmed anyone.
"The threat or fear of violence should not become an excuse or justification for restricting freedom of speech."-Alan Dershowitz. This quote goes hand in hand with this essay because everyone even Elonis is protected under the First Amendment of Freedom of Speech. As stated in
the article, Elonis argues that the government must prove beyond a reasonable doubt that he was actually thinking," This message will terrify the person it refers too, and I want that." So, Elonis only wanted to scare his ex-wife but not harm her or any other people in any way .
Given these points, "All Americans value the freedom of speech and the freedom of press, and I believe this is essential for our continued way of life. But with this freedom of speech comes responsibility. That responsibility has been abdicated here by some n the media and some in the government"-Steven