Cite as: 575 U. S. ____ (2015)
7
Opinion of ALITO, J.
effect on Elonis’s estranged wife when she read this: “ ‘If I
only knew then what I know now . . . I would have smothered your ass with a pillow, dumped your body in the back
seat, dropped you off in Toad Creek and made it look like a
rape and murder.’ ” 730 F. 3d 321, 324 (CA3 2013). Or
this: “There’s one way to love you but a thousand ways to
kill you. I’m not going to rest until your body is a mess,
soaked in blood and dying from all the little cuts.” Ibid.
Or this: “Fold up your [protection from abuse order] and
put it in your pocket[.] Is it thick enough to stop a bullet?”
Id., at 325.
There was evidence that Elonis made sure his wife saw
his posts. And she testified that they made her feel “ ‘extremely afraid’ ” and “ ‘like [she] was being stalked.’ ” Ibid.
Considering the context, who could blame her? Threats of
violence and intimidation are among the most favored
weapons of domestic abusers, and the rise of social media
has only made those tactics more commonplace. See Brief
for The National Network to End Domestic Violence et al.
as Amici Curiae 4–16. A fig leaf of artistic expression
cannot convert such hurtful, valueless threats into protected speech.
It can be argued that §875(c), if not limited to threats
made with the intent to harm, will chill statements that
do not qualify as true threats, e.g., statements that may be
literally threatening but are plainly not meant to be taken
seriously. We have sometimes cautioned that it is necessary to “exten[d] a measure of strategic protection” to
otherwise unprotected false statements of fact in order to
ensure enough “ ‘breathing space’ ” for protected speech.
Gertz v. Robert Welch, Inc., 418 U. S. 323, 342 (1974)
(quoting NAACP v. Button, 371 U. S. 415, 433 (1963)). A
similar argument might be made with respect to threats.
But we have also held that the law provides adequate
breathing space when it requires proof that false statements were made with reckless disregard of their falsity.
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