“There are regularly fresh media accounts of defendants handed lengthy prison terms for their online speech. Weeks ago, for example, another Pennsylvania man was handed up to a six-year term for a YouTube rap video threatening police officers.  In the Elonis case pending before the Supreme Court, the 30-year-old contends that the authorities never proved he intended to threaten anybody. Only one federal appeals court has sided with Elonis’ contention that the authorities must prove that the person who made the threat actually meant to carry it out. Eight other circuit courts of appeal, however, have ruled that the standard is whether a ‘reasonable person’ would conclude the threat was real.”

http://arstechnica.com/tech-policy/2014/04/supreme-court-weighing-when-online-speech-becomes-illegal-threat/

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