Saturday, October 3, 2020
Eric P. Robinson and Morgan B. Hill have published The Trouble with "True Threats," at 8 UB Journal of Media Law & Ethics 37 (2020). Here is the abstract.
In the midst of prevalent abusive language online, the U.S. Supreme Court’s
decision in Elonis v. United States did not resolve many issues in how to determine
whether a statement is a “true threat” under federal law, and the court denied
certiorari in three subsequent cases that presented the opportunity to clarify the
law on this point. In the absence of such guidance, federal courts have applied
various factors to rule in these cases. This paper quantifies and analyzes how
these courts have applied various factors, showing the need for clear standards
for what communication can be considered “true threats.”
Download the article from the journal's website at the link.