Cite as: 575 U. S. ____ (2015)
3
Opinion of the Court
This post became the basis for Count One of Elonis’s
subsequent indictment, threatening park patrons and
employees.
Elonis’s posts frequently included crude, degrading, and
violent material about his soon-to-be ex-wife. Shortly
after he was fired, Elonis posted an adaptation of a satirical sketch that he and his wife had watched together. Id.,
at 164–165, 207. In the actual sketch, called “It’s Illegal to
Say . . . ,” a comedian explains that it is illegal for a person
to say he wishes to kill the President, but not illegal to
explain that it is illegal for him to say that. When Elonis
posted the script of the sketch, however, he substituted his
wife for the President. The posting was part of the basis
for Count Two of the indictment, threatening his wife:
“Hi, I’m Tone Elonis.
Did you know that it’s illegal for me to say I want to
kill my wife? . . .
It’s one of the only sentences that I’m not allowed to
say. . . .
Now it was okay for me to say it right then because I
was just telling you that it’s illegal for me to say I
want to kill my wife. . . .
Um, but what’s interesting is that it’s very illegal to
say I really, really think someone out there should kill
my wife. . . .
But not illegal to say with a mortar launcher.
Because that’s its own sentence. . . .
I also found out that it’s incredibly illegal, extremely
illegal to go on Facebook and say something like the
best place to fire a mortar launcher at her house
would be from the cornfield behind it because of easy
access to a getaway road and you’d have a clear line of
sight through the sun room. . . .
Yet even more illegal to show an illustrated diagram.
[diagram of the house]. . . .” Id., at 333.
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