Justices Search For Balance In Facebook Threat-Speech Case

Law360, New York (December 1, 2014, 8:11 PM EST) -- Several U.S. Supreme Court justices on Monday appeared reluctant to adopt the government's argument that an online post should be considered threatening if that wasn't the author's intention, gravitating instead toward a middle ground that would account for both the poster's intent and the public's perception.

During oral arguments in a case poised to have a measurable impact on privacy and free speech rights in the criminal context, the justices grilled representatives for the government and petitioner Anthony Elonis over how far prosecutors must go to...
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