When is an Online Threat Not a Threat?

• University of Miami School of Law professor, Dr. Mary Anne Franks, discusses the Supreme Court decision of the Elonis case • Mr. Elonis posted “lyrics” to his Facebook page about having his wife killed, wanting to assault her, wanting to blow up a kindergarten, among other wishes. • Disappointing decision dealt with very narrow legal issue • Statute involved was unclear on what constitutes a “threat” – does it depend upon the speaker’s subjective intent, or upon the audience’s fearful reaction? • Why those working to stem domestic violence are concerned about the impact of this decision • Successes of the Cyber Civil Rights Initiative with large high tech firms to voluntary ban revenge porn and with proposed federal legislation