The Supreme Court made it harder (than it was before) to prosecute people for threats made on Facebook, Twitter and other social media. A Pennsylvania man was convicted of threatening another person over interstate lines (under 18 U.S.C. § 875(c)). This was the first time the Supreme Court heard a case considering true threats and the limits of speech on social media. The Supreme Court overturned the man’s conviction because the prosecution needed to show that he intended the Facebook posts to be threats, not just that a reasonable person would consider the posts threatening.
Richard Louis Fenbert
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Free Speech and Facebook: Reasonable Versus Subjective Intent
On Behalf of Fenbert & Associates | Jul 19, 2015 | Criminal Defense |