Jul 31, 2022 • 42M

A Thousand Ways to Kill You

He called it artistic expression. The government called it a threat. When does free speech go too far?

1
 
1×
0:00
-41:52
Open in playerListen on);
    Substack App
    Download MP3
    Get a private RSS link for listening
    Subscribe to Unprecedented to get a private link for listening in your favorite podcast player. Learn about RSS.
Celebrating the accidental guardians of the First Amendment. For regular updates on the legal stories that shape our lives, visit unprecedented.substack.com.
Episode details
1 comment

Anthony Elonis wrote a series of Facebook posts describing gory fantasies of revenge, often in the form of rap lyrics, against his estranged wife and others. He was later convicted of violating a federal law that prohibits such threats and was sentenced to more than three years in prison. Elonis claimed he was merely venting and using an established art form — just like Eminem — and that the First Amendment protects violent speech. When does free speech go too far? Listen to the Season 1 finale of Unprecedented.

Prefer to read this episode? Click below for a transcript!

Unprecedented
TRANSCRIPT: A Thousand Ways to Kill You
NINA TOTENBERG: I see a lot of cases involving somebody who commits a horrific crime against his wife and/or children. And there are lots of warning signs and these are the warning signs. Language like this is the warning sign. How do you balance the right to free speech — in this very typical situation involving domestic, at least terror if not violence — and try to make sure there isn't a murder…
Read more
8 months ago · Matthew S. Schwartz and Michael Vuolo
1