The Supreme Court is about to tackle online threats for the first time

The case centers on Anthony Elonis, who was convicted after writing graphic, gory fantasies about mutilating and killing his wife and other women and posting them to Facebook. The issue before the Supreme Court is whether "a true threat" requires finding that the threatener subjectively intended to be threatening. Elonis is arguing for a subjective intent requirement, claiming that his posts were meant as rap lyrics and not as threats, while the prosecutors are arguing for an "objective" standard—a threat counts as a threat if a "reasonable person" would think the statement is a threat.