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: 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.