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

EFF will speak at Black Hat Briefings on both government surveillance and export controls. https://eff.org/r.nilc #BHUSA

Jul 6 @ 7:14pm

Massive leak of Hacking Team docs exposes the firm selling spyware to authoritarian governments: https://eff.org/r.f6bu

Jul 6 @ 4:40pm

Newest leak of TPP's IP chapter reveals how countries are converging on anti-user copyright takedown rules: https://eff.org/r.jedp

Jul 6 @ 3:40pm
JavaScript license information