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43 W. St. U. L. Rev. 275 (2015-2016)
Elonis v. United States, 135 S. Ct. 2001 (2015)

handle is hein.journals/wsulr43 and id is 291 raw text is: Elonis v. United States, 135 S. Ct. 2001 (2015). Opinion Roberts, C..1 OVERARCHING ISSUE When prosecuting a criminal defendant for violating 18 U.S.C. §875(c), the federal statute which makes it a crime to transmit into interstate commerce any communication that threatens another person, is the prosecution required to prove the defendant actually intended the communication to be a threat even though 18 U.S.C. §875(c) does not expressly impose an intent requirement. STATEMENT OF FACTS Andrew Douglas Elonis changed his Facebook user name to Tone Dougie just after his wife left him in 2010.2 Under his new online persona, Elonis began posting violent and graphic 'rap-lyrics' to his social media page.3 Elonis posted five separate violent statements (or 'rap lyrics') that were relevant to his indictment and ultimately his conviction for posting threats to his Facebook Wall. The FBI arrested Elonis after a series of online rants and he was charged with five separate violations of 18 U.S.C. §875(c).4 As a basis for Count One, Elonis posted a Halloween photo of himself holding a toy knife up to a co-workers throat with a caption stating, I wish.5 Elonis's boss saw the photo on Facebook and immediately fired him from the Halloween Haunt amusement park where he was working.6 In response to being fired, Elonis posted the following rant on his Facebook page which the prosecution claimed was a threat aimed at park patrons and employees: Moles! Didn't I tell y'all I had several? Y'all sayin' I had access to keys for all the f***in' gates. That I have sinister plans for all my friends and must have taken home a couple. Y'all think it's too dark and foggy to secure your facility from a man as mad as me? You see, even without a paycheck, I'm still the main attraction. Whoever thought the Halloween Haunt could be so f***in' scary?7 I. Chief Justice Roberts was joined by Justice Scalia, Kennedy, Ginsburg, Breyer, Sotomayor and Kagan. Justice Alito issued a concurring opinion with Justice Thomas dissenting. 2. Elonis v. United States, 135 S. Ct. 2001, 2005 (2015). 3. Id. at 2004. 4. Even though Elonis changed his User name, he continued to use his own Facebook page so all of his friends on Facebook had continued viewing access to his posts. Anyone who was Elonis's Facebook friend remained Tone Dougie's Facebook friend. 5. Elonis, 135 S.Ct. at 2005 (The Court noted the co-worker was not tagged in the photo and therefore she was not alerted when the photograph was posted to Elonis' Facebook.). 6. Id. 7. Id.

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