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U.S. Supreme Court Tosses Bethlehem, Pa. Man's Conviction Over Facebook Posts

By KYW social media editor Melony Roy

WASHINGTON, D.C. (CBS) -- The US Supreme Court today overturned the conviction of a Lehigh Valley man whose Facebook rants landed him in prison.

Anthony Elonis used Facebook to make a series of violence-laced posts criticizing his wife and others. But he claimed his rants did not amount to "true threats," and that his comments were jokes and a form of free speech protected by the First Amendment.

The high court sided with Elonis, ruling that simply using a "reasonable person" standard was inadequate for conviction; instead, the court found, prosecutors must show that the writer in question actually meant the words to be threatening.

Philadelphia-based cybersecurity expert Rob D'Ovidio, an associate professor at Drexel University, says today's ruling will make it more difficult for prosecutors in cases that involve harassment.

"They (defendants) are hiding, essentially, behind this First Amendment, saying it's their right to express themselves in the form of rap music containing violent directed lyrics that threaten individuals," he told KYW Newsradio.

D'Ovidio says the ruling will also affect social media companies.

"Now they're going to have to weigh into the concern of the mindset of the individual: did they actually have intent, or is this free speech?" he said.

 

 

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