Eddie Rabbitt and Crystal Gayle’s country ballad “Just You and I” may have little in common with Eminem’s rap “Sing for the Moment,”1 other than both being consistent with the general observation that musical lyrics often reflect an individual’s intimate personal feelings, or views of societal problems. Depending on the context, when the lyrics espouse threats and violence against others, the “true threats” doctrine of First Amendment2 jurisprudence may play a significant role in determining whether there is evidence of a crime.
A 2011 trial in the U.S. District Court for the Eastern District of Pennsylvania has become a lightening rod with respect to the debate concerning the proper application of the doctrine.3 The case involved criminal charges concerning a variety of cyber threats by a defendant who used violent language modeled on rap lyrics and was the subject of oral argument before the U.S. Supreme Court this past December in Elonis v. United States. Interestingly, during the oral argument, Justice Anthony M. Kennedy, clarifying the issue for the legal combatants, commented that, “I’m not sure the court [referring to Supreme Court precedent] did either the law or the English language much of a good service when it said ‘true threat.’ It could mean so many things.”4 This article will address the First Amendment true threats doctrine, the impact the doctrine has on speech of a threatening nature in general, and web-based speech, in particular.
Free Speech
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