On Dec. 1, the U.S. Supreme Court will hear oral arguments in Elonis v. United States. The facts of the case are eye-catching - involving rap lyrics, Facebook and some extremely disturbing behavior by an estranged husband. The question of First Amendment doctrine the case poses is seemingly much drier, but upon examination is also quite interesting: At its heart, Elonis asks what makes a threat a threat.
In May 2010, An...
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