Federalist Society Speaker: Professor Dooling

Professor Dooling
Professor Dooling

Anthony Elonis was arrested and charged with violating federal laws against communicating a threat in interstate commerce (for example, over the Internet). His defense? Elonis claims his Facebook taunts were part of his rap persona and were "therapeutic lyrics," not threats. Like Eminem and many other rappers, Elonis argued he was simply expressing artful violent fantasies and aspiring to be a rap star. The trial judge sentenced Elonis to four years in prison to be followed by three years supervised release. The Third Circuit upheld Elonis' conviction, and the United States Supreme Court granted certiorari. The case was argued on December 1st, 2014. It will be the latest in the Court's "true threats" jurisprudence, but it also takes place against a nationwide trend of prosecutors introducing rap music to prove everything from gang membership to intent to commit murder.