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- Title
THE TROUBLE WITH "TRUE THREATS".
- Authors
Robinson, Eric P.; Hill, Morgan B.
- 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".
- Subjects
UNITED States; LEGAL judgments; FEDERAL courts; APPELLATE courts; FEDERAL laws; CERTIORARI
- Publication
Journal of Media Law & Ethics, 2020, Vol 8, Issue 2, p37
- ISSN
1940-9370
- Publication type
Article