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ELONIS v. UNITED STATES
Opinion of ALITO, J.
and are entitled to protection. But that does not justify
constitutional protection for the threat itself.
Elonis argues that the First Amendment protects a
threat if the person making the statement does not actually
intend to cause harm. In his view, if a threat is made
for a “ ‘therapeutic’ ” purpose, “to ‘deal with the pain’ . . . of
a wrenching event,” or for “cathartic” reasons, the threat
is protected. Brief for Petitioner 52–53. But whether or
not the person making a threat intends to cause harm, the
damage is the same. And the fact that making a threat
may have a therapeutic or cathartic effect for the speaker
is not sufficient to justify constitutional protection. Some
people may experience a therapeutic or cathartic benefit
only if they know that their words will cause harm or only
if they actually plan to carry out the threat, but surely the
First Amendment does not protect them.
Elonis also claims his threats were constitutionally
protected works of art. Words like his, he contends, are
shielded by the First Amendment because they are similar
to words uttered by rappers and singers in public performances and recordings. To make this point, his brief
includes a lengthy excerpt from the lyrics of a rap song in
which a very well-compensated rapper imagines killing his
ex-wife and dumping her body in a lake. If this celebrity
can utter such words, Elonis pleads, amateurs like him
should be able to post similar things on social media. But
context matters. “Taken in context,” lyrics in songs that
are performed for an audience or sold in recorded form are
unlikely to be interpreted as a real threat to a real person.
Watts, supra, at 708. Statements on social media that are
pointedly directed at their victims, by contrast, are much
more likely to be taken seriously. To hold otherwise would
grant a license to anyone who is clever enough to dress up
a real threat in the guise of rap lyrics, a parody, or something similar.
The facts of this case illustrate the point. Imagine the
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