2
ELONIS v. UNITED STATES
Opinion of the Court
lent music” and posting self-styled “rap” lyrics inspired by
the music. App. 204, 226. Eventually, Elonis changed the
user name on his Facebook page from his actual name to a
rap-style nom de plume, “Tone Dougie,” to distinguish
himself from his “on-line persona.” Id., at 249, 265. The
lyrics Elonis posted as “Tone Dougie” included graphically
violent language and imagery. This material was often
interspersed with disclaimers that the lyrics were “fictitious,” with no intentional “resemblance to real persons.”
Id., at 331, 329. Elonis posted an explanation to another
Facebook user that “I’m doing this for me. My writing is
therapeutic.” Id., at 329; see also id., at 205 (testifying
that it “helps me to deal with the pain”).
Elonis’s co-workers and friends viewed the posts in a
different light. Around Halloween of 2010, Elonis posted a
photograph of himself and a co-worker at a “Halloween
Haunt” event at the amusement park where they worked.
In the photograph, Elonis was holding a toy knife against
his co-worker’s neck, and in the caption Elonis wrote, “I
wish.” Id., at 340. Elonis was not Facebook friends with
the co-worker and did not “tag” her, a Facebook feature
that would have alerted her to the posting. Id., at 175;
Brief for Petitioner 6, 9. But the chief of park security was
a Facebook “friend” of Elonis, saw the photograph, and
fired him. App. 114–116; Brief for Petitioner 9.
In response, Elonis posted a new entry on his Facebook
page:
“Moles! Didn’t I tell y’all I had several? Y’all sayin’ I
had access to keys for all the f***in’ gates. That I
have sinister plans for all my friends and must have
taken home a couple. Y’all think it’s too dark and
foggy to secure your facility from a man as mad as me?
You see, even without a paycheck, I’m still the main
attraction. Whoever thought the Halloween Haunt
could be so f***in’ scary?” App. 332.
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