Monday Supreme Court Case Revisits Threats Posted Online

PITTSBURGH (KDKA) -- Twitter, Instagram, Facebook -- chances are good you've seen something posted that could be construed as a threat to harm someone.

A federal law makes it illegal to communicate any threat to injure another person.

But when is a threat really a crime?

"People say all sorts of stuff on the internet," ACLU attorney Vic Walczak told KDKA money editor Jon Delano on Monday.

"If you take things that are said in the heat of passion, that are taken out of context, they could be viewed by a reasonable person as being a threat, and we said that's not good enough."

Agreeing with the American Civil Liberties Union, the United States Supreme Court, in a 7-2 ruling, said it's not what a reasonable person thinks is threatening that counts. It's the intent of the person posting the words on the internet.

In this case, Anthony Elonis of Bethlehem PA posted words on Facebook on ways to kill his ex-wife, often using vile language from rap music.

Elonis claimed he was just venting, that it was therapeutic, and he did post at the time that the lyrics were fictitious with no resemblance to real people.

"Just because someone may have perceived this as being threatening, that's not enough," says Walczak. "You have to show that there is some level of intent. It's called scienter in the law. That there is some intent by Elonis to actually threaten his ex-wife."

So as long as you don't really intend any physical injury, can you just post whatever you want on social media?

"The rules are unclear even after this decision," notes Walczak.

Calling people names, criticizing their work or actions, using humor and music to ridicule -- all may be legitimate free speech -- but threatening violence crosses a line.

"The poster needs to intend that some kind of tangible harm would result," says University of Pittsburgh professor Dave Thaw, a lawyer.

So best advice: "It's morally and ethically a wise and good thing to think twice."

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