Elonis v. US

Anthony Elonis was convicted of making interstate threats on the basis of violent posts published on Facebook, where he fantasized about killing his ex-wife and law enforcement. After the US Supreme Court agreed to review his conviction, EFF joined the Student Press Law Center and the PEN America Center in an amicus brief, arguing that the First Amendment requires the government prove a speaker must intend to convey a threat in order to be prosecuted for making a "threat."

In June 2015, the Supreme Court reversed Elonis' convictions, ruling that to convict under the statute, the government had to show that a speaker either intended to issue a threat or knew that their communication would be viewed as a threat. The Court declined to address any of the First Amendment issues raised in the case.

Sean D. Jordan, Kent C. Sullivan, Peter Ligh and Travis Mock of Sutherland LLP, wrote the brief.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Digital rights groups team up with tech companies to fight California's misguided virtual currency license: https://eff.org/r.w8ei

Aug 28 @ 11:52am

The DC Circuit Court of Appeals says there's a standing problem in Klayman v. Obama—but the case isn't over yet: https://eff.org/r.683p

Aug 28 @ 11:16am

We protested and defeated an Internet power grab in 2012. It's happening again—why aren't we talking about it? https://eff.org/r.hxui

Aug 28 @ 10:00am
JavaScript license information