Skip to comments.Supremes To Decide When Facebook Death Threat Sends You To†Prison
Posted on 06/16/2014 9:58:52 PM PDT by Citizen Zed
Pennsylvania man Anthony Elonis has historically enjoyed saying outrageous things on Facebook, such as how he would like to murder his estranged wife; shoot up an elementary school; sneak into an amusement park he was fired from to wreak havoc; slit the throats of a female co-worker and a female FBI agent; and use explosives on the state police, the sheriffs department, and any SWAT team that might come to his house. Elonis has never actually done any of these things, but he did spend the last three and a half years in prison for saying that he would.
(Excerpt) Read more at forbes.com ...
Hopefully Youtube will remain safe for the time being.
“I wonder how far I can go without getting into trouble.”
Well now you know, AH. Not quite that far.
It’s simple ... don’t threaten people with bodily harm. They might get the idea you mean it - which is actually the way it SHOULD BE TAKEN if you open your mouth and say it (or write it).
Elements of the crime are ability and intent to carry it out.
I hope my Farmville 2 Animals are not a threat.
Terroristic threads or something similar, though my first thought if it isn’t someone tied to a terror organization would be of a nut that needs to go to a nut house.
threats not threads
There’s a guy who has been posting lies about me on the internet for more than 3 years. He posts on every site where he thinks readers might know me. So far he hasn’t threatened me. I wish he would. He lives in a state that has a law concerning internet threats.
Sounds like a plain vanilla libel case to me.
I bet he wins at the Court.
If not, any artist selling a song, poem, book, etc. on-line that advocated any kind of threat could be convicted.
It beyond the pale - especially since he prefaced his posts with terminology like, “I’m not saying that.”
did e have the ability to carry it out and had he made an concrete steps to carry it out?
Or was he just the equivalent of a guy standing on a street corner screaming at the moon?
yes i believe he did, the explosives? maybe...
In California, under Penal Code Section 422 (I don’t know about PA Codes):
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. (b) For purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (c) “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code - See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/11.5/s422#sthash.0eilglN8.dpuf
“As Amanda Hess has explained so powerfully, women experience threats on social media in ways that can have crippling economic and psychological effects.”
Alright then, stay off the damned social(ist) pro-fruitcake pinko-run sites and there won’t be any threats and you can sleep at night. Wait for the nasty handwritten letter to be shoved under the doorjamb instead.
I feel like I’m watching a lost Donahue episode, and I never watched that fruity crap either. God I miss the 40’s.
It does take two to do that tango. One to write it, and one to read it. Ignore the creep and you can’t be intimidated by him.
It does not take two to tango. Innocent people get attacked everyday.
Ignore threats directed to you at your own peril.
Anyone who thinks it “takes two to tango” has lived a charmed life, and insults innocent victims.
I don’t mean this personally against you, but damn, it was a short-sighted comment.
They are if Thad-Cochran is around.
My mother told me, “you listen to what people say. They’ll almost always tell you what they’re going to do. The important thing to do is believe them and take the appropriate action.” I rapidly found out she was correct. Generally, my action is to avoid those people. When people say they’re going to do something they generally, eventually, do it. Sometimes you’ll read a statement from a shocked neighbor, “for years he talked about killing her. But it was just talk. We never thought he’d actually do it!” Well, too frequently it isn’t “just talk.”
This doesn’t apply when the threats are made by a member of the bearded religion of savagery.
Stand on the street corner and tell passersby you are going to kill the mayor.
Or a nut. Wait...redundant...
Electronic harassment across state lines is a federal crime.
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing....and on and on and on.....
Sounds like an infringement of my 1st amendment rights. Oh, I forgot......that’s a California law.
People already to that and folks walk by shaking their heads and sying a prsyer for them. No one takes them seriously, except you apparently.
I searched the internet and couldn’t find anything showing it was a federal crime. Who would I report it to?
ROFL OMG At first I didn’t get that answer until it dawn on me. Your right ROFL ROFL
There have been federal convictions for this—I recall reading about one a few years back when an airline pilot based in Arizona or somewhere was harassing a woman via the Internet, and because it was across state lines he got a nasty sentence in federal court.
A friend of mine, a middle-aged widow, was being stalked and harassed online by a high-school boyfriend she had not seen or heard from in thirty years. He was in California and she was on the East Coast. She shut him down pretty quickly with the threat of federal prosecution. She also had him served for a personal injury lawsuit at his home, in front of his wife. It was hilarious. He was arrested when he showed up in her county. She lives in a state where they don’t like his kind frightening a nice lady and her little children.
I would collect evidence of threats and harassment, as well as communications in which you tell your correspondent to cease and desist. Then go to the US Attorney in your area. If he can’t help you, a personal injury lawsuit doesn’t have nearly the standards a prosecutor has to adhere to.
Thanks for the info. I’m currently putting together the posts. I’ve got people all over the country from various sites who will email me links and keep me apprised of new posts.
Have a search bot look, as well.
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