![]() He was sentenced to 44 months imprisonment, and three years of supervised release. Elonis was convicted of four of the five counts. ![]() The court held that the proper legal test for determining whether someone made a threat is an objective one: whether reasonable people hearing the comment would perceive it to be a threat. The trial court denied his motion to dismiss the case. In legal terms, he said that he did not have a subjective intent to threaten anyone. For several of his comments, he also posted a disclaimer stating: “This is not a threat.”ĭespite the fact that his ex-wife, an FBI agent, and others viewing his comments might have perceived his statements as threats, Elonis argued that he could not be convicted of making a threat because he did not intend to threaten anyone with his postings. In other words, he claimed that he didn’t mean what he said in a literal sense. In an apparent attempt to underscore that his comments should not be taken seriously, he posted links to YouTube videos that he parodied, and noted that a popular rap artist often uses similar language in his lyrics. He argued that he was an aspiring rap artist and that his comments were merely a form of artistic expression and a therapeutic release to help him deal with the events in his life. Shortly after this chain of events, Elonis posted several statements on his Facebook page that were interpreted as threats.Īt his trial, Elonis asked the court to dismiss the charges, stating that his Facebook comments were not true threats. Prior to the postings, his wife and family had left him and he had lost his job at an amusement park. Specifically, he was charged with threatening his ex-wife, co-workers, a kindergarten class, the local police, and an FBI agent.Įlonis had posted statements on his Facebook page that appeared to threaten his ex-wife and other people in his life. Proposed Changes to Code and JC&D RulesĪnthony Elonis was arrested on Decemand charged with five counts of violating a federal anti-threat statute, 18 U.S.C.Confidentiality Regulations for Pretrial Services Information.Privacy Policy for Electronic Case Files.Special Projects of the Rules Committees.Preliminary Drafts of Proposed Rule Amendments.Congressional and Supreme Court Rules Packages.Permitted Changes to Official Bankruptcy Forms.Open Meetings and Hearings of the Rules Committee.How to Submit Input on a Pending Proposal.How to Suggest a Change to Federal Court Rules and Forms.Laws and Procedures Governing the Work of the Rules Committees.Proposed Amendments Published for Public Comment.Pending Changes in the Bankruptcy Forms.Long Range Plan for Information Technology.Judiciary Conferences That Cost More Than $100,000.Journalist’s Guide to the Federal Courts.Statistical Tables for the Federal Judiciary.Electronic Public Access Public User Group.Transfer of Excess Judiciary Personal Property.National Court Interpreter Database (NCID) Gateway.Federal Court Interpreter Certification Examination.Judicial Panel on Multidistrict Litigation Fees.Archives of the Committee on Judicial Conduct and Disability.FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge.Roadways to the Federal Bench: Who Me? A Bankruptcy or Magistrate Judge?.Chronological History of Authorized Judgeships - District Courts.Chronological History of Authorized Judgeships - Courts of Appeals.Fact Sheet for Workplace Protections in the Federal Judiciary.Director of Workplace Relations Contacts by Circuit.Administrative Oversight and Accountability.
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