On the first Monday of December, the Supreme Court of the United States heard oral arguments in Elonis vs. United States, in which the Court took up the issue of what intent should be required for a person to be convicted under 18 U.S.C. § 875(c) which makes “communication containing any threat to kidnap…or…injure [another person]” a federal crime punishable by a fine and up to 5 years of imprisonment. Anyone who has spent any time on the Internet knows that threats and harassment are a common, if ugly, occurrence (see, for example, gamergate). What you might not know is […]
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