Elonis SCOTUS Petition (Final 2-13-14) (With Appendix) by Michelle Olsen
Sources: SCOTUS Blog, 3rd Circuit Court of Appeals, Scribd [appeal to SCOTUS], USA Today
quote: Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.
quote: F**k the police comin straight from the undergroundA young ni**a got it bad cause I'm brownAnd not the other color so police thinkthey have the authority to kill a minorityF**k that s**t, cause I ain't the onefor a punk motherf***er with a badge and a gunto be beatin on, and thrown in jailWe can go toe to toe in the middle of a cellF**kin with me cause I'm a teenagerwith a little bit of g0ld and a pagerSearchin my car, lookin for the productThinkin every ni**a is sellin narcoticsYou'd rather see, me in the penthan me and Lorenzo rollin in a B3nz-oBeat a police out of shapeand when I'm finished, bring the yellow tapeTo tape off the scene of the slaughterStill gettin swoll off bread and waterI don't know if they f**s or whatSearch a ni**a down, and grabbin his n*tsAnd on the other hand, without a gun they can't get noneBut don't let it be a black and a white oneCause they'll slam ya down to the street topBlack police showin out for the white copIce Cube will swarmon ANY motherfu**er in a blue uniformJust cause I'm from, the CPTOunk police are afraid of me!
quote: Who wants to be the one responsible for seeing this type of behavior, does nothing, and then something actually happens? You'd probably be liable for negligence...
quote: What kind of words have an "utterance" that "inflicts injury" worse than wounded pride and hurt feelings?
quote: Are you saying death threats shouldn't be actionable? I should be allowed to drive to your daughters school, take a picture of her and send it to you with the "lyrics" - "Ima kill ya kid / Gonna skin her like a pig" - written on the back.That wouldn't unsettle you?
quote: He posted a picture of Ms. Morissey he had taken at a haunted theme event the previous year. In the picture he was dressed as a demon and was holding a knife to Ms. Morrisey's throat, which had makeup blood. In the Facebook caption he wrote, "I wish."
quote: There was a time in American history when at least some people had free speech without exception and disclaimer.
quote: The purpose of the 1st amendment was to protect political speech. Non-political speech was regulated to no end.
quote: The purpose of the speech and press clause in the amendment was to protect political speech.
quote: I am following the discussion. This, again, is wrong. It's purpose is to protect ALL kinds of speeches.
quote: In one area, however, we have largely resisted that pattern— more precisely, the Supreme Court has stood its ground and protected us from ourselves, so to speak, by protecting certain freedoms as they were meant to be protected. That area is speech. Citing the First Amendment, especially over the course of this century,2 the Court has crafted a free speech jurisprudence that is robust and, for the most part, correct. And in doing so, the Court has made it clear that political speech, especially, was what the Founders had in mind when they wrote the First Amendment.
quote: e. Threats: Speech that is reasonably perceived as a threat of violence (and not just rhetorical hyperbole) can be punished. Virginia v. Black (2003).
quote: In that case you've committed a crime, as I'm pretty sure a creeper taking pictures of kids at elementary school is an actual act that falls under various statutes, such as stalking laws, etc.
quote: What if Reclaimer missed his morning coffee and is feeling a bit grouchy and calls me f**ktw*t and says my family members sleep with questionable people? Should he be thrown in prison for 2 to 3 years?
quote: Of course this is just one of many laws that have been past, largely in the last century, which nullify Constitutional protections "in special cases" or in times "of immediate [crisis]" or "imminent [danger]".
quote: "I'm checking out and making a name for myself. Enough elementary schools in a ten mile radius to initiate the most heinous school shooting ever imagined. Hell hath no fury like a crazy man in a kindergarten class."
quote: No reasonable person would feel threatened by Eminem's lyrics.
quote: Okay fine. So let's go round up every rap and hip hop artist and throw him in jail then.
quote: Just let him have a job where you work, then start writing songs about killing YOU and your co-workers.
quote: but not every bad law is un-Constitutional.
quote: No offense but I'm arguing the First Amendment with someone who clearly misinterpreted key aspects of it, even after being corrected on them.
quote: "Really? Looks to me that in the US, men are no longer men. Feminism has completely won in this country. Poor guys, you never really knew you lost."
quote: But no! You guys are more than willing to line up to have a crack at single moms. Well, fair play to you. Go for it.
quote: "Penn. man lost custody of kids, was imprisoned for 44 months for posting threatening lyrics about wife, cops"