As the popularity of social media continues to grow, people are increasingly using it to express themselves. While expressing oneself on social media sites is a documented right as per the First Amendment, what is less clear is whether threats made on social media are permitted under the First Amendment, or whether they constitute the “true threats” exception that serves as a limitation on First Amendment rights. Put differently, at what point are threats made on Facebook no longer a rant, but a true threat that is not covered by one’s First Amendment rights?
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 15, 2015. The original post can be accessed via the Archived Link button above.
Herzog, Elana, "Are Threats Made on Social Media a True Threats Exception to the First Amendment?" (2015). AELJ Blog. 80.