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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Lawsuits claim sexual assault and whistle-blower retaliation at OnTrack Family needs new memories to replace terror of last Christmas St. Mary's plays host to youth robotics tournament Public meetings for Dec. 15-19, 2014 Vigil planned for Ashland girl who's been missing since Nov. 29 Crime, Courts and Emergency Services Lawsuits claim sexual assault and whistle-blower retaliation at OnTrack Gang-related shooting in Portland sends 3 youth to hospital Emergency services Jail lobby commotion sends man back to cell 30 minutes after release Medford police cite 25 in illegal camping enforcement sweep Politics and Elections Time running out for O&C funds GMO vote recount still shows little change GMO labeling votes recounted under careful watch in Jackson County Kent Bush: First Amendment doesn’t mean what you think it means East Medford's the charm Education St. Mary's plays host to youth robotics tournament A lesson in giving Hedrick student council works to clean up the language Table Rock solid: Elementary school praised for keeping attendance up Eagle Point superintendent invited to White House Environment No fish, no funding for problem dams Most residents speak against gas pipeline Coalition asks for defense of GMO ban Home Help: Make your new house feel like home Bighorn sheep reintroduced along Klamath River State News Gang-related shooting in Portland sends 3 youth to hospital GMO labeling proponents concede defeat Tribes can decide whether to legalize pot Lawyer says football player had altercation Congress keeps Coast Guard helicopter flying Nation - World Grand jury won't indict Ferguson cop in shooting Obituaries Steven Luke Duncan Death Notices Cory Davis Donna Marie Pitblado Lyle Walther Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Sports Latest Stories Phoenix’s Rubio wins title at Coast Classic Mariota takes Heisman in landslide Brooks, Oregon beat Illinois Navy makes it 13 in a row over Army Oregon State downs Mississippi State Varsity 541 College Sports Mariota takes Heisman in landslide Brooks, Oregon beat Illinois Navy makes it 13 in a row over Army Oregon State downs Mississippi State Fifteen things to consider about the NAIA championship Pro Sports Day, Tringale win Franklin Templeton Shootout Pistons snap 13-game losing streak Knicks’ Anthony says he won’t drop no-trade clause Tringale, Day open three-shot advantage Manziel confident he’ll remain poised in start Community Sports Keeping Fit: Runners need to do more than run to stay in shape RESULTS/STANDINGS LOCAL EVENTS Business Latest Stories Rental owners group reports 2.48 percent vacancy rate Blog: It's Beginning to Look A Lot Like... K-BAR ignites agriculture boom beneath Table Rocks State lags on grocery inspections Blog: Bear Creek Plaza next up on the market Real Estate News Rental owners group reports 2.48 percent vacancy rate More sales, but no change in residential housing median price Dear Monty: Violation of HOA rules creates conflict Farmers file suit over GMO crop ban People In Business People in Business, Dec. 3 People in Business, Nov. 18 Transportation Allegiant Air will resume Medford-Phoenix service May 22 Agriculture K-BAR ignites agriculture boom beneath Table Rocks Southern Oregon wine industry had a robust 2013 Farmers file suit over GMO crop ban Lawsuit seeks to overturn Jackson County's GMO ban or net $4.2 million for farms Latest count shows Measure 92 supporters narrowing deficit Opinion Latest Other Views: Riley leaves strong legacy at OSU Our View: Cheers and jeers Letters to the Editor, Dec. 12 Guest Opinion: Suit threatens family farms and democratic vote Granlund cartoon: Flu shots less effective this year Editorials Other Views: Riley leaves strong legacy at OSU Our View: Cheers and jeers Our View: Sentencing reform pays dividends Our View: Find middle ground on timber policy Our View: Making sense of Medford crime numbers Letters to the Editor Letters to the Editor, Dec. 12 Letters to the Editor, Dec. 11 Letters to the Editor, Dec. 10 Letters to the Editor, Dec. 9 Letters to the Editor, Dec. 8 Guest Opinions Guest Opinion: Suit threatens family farms and democratic vote Guest Opinion: SOU pool decision short-sighted Guest Opinion: It's time for biologists to let OR-7 go dark Guest Opinion: It's time Oregon put a price on carbon Guest Opinion: Are we the preferred path to global devastation? 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Medford police cite 25 in illegal camping enforcement sweep ... Our View: Cheers and jeers ... Lawsuits claim sexual assault and whistle-blower retaliation at OnTrack ... Medford police cite 25 in illegal camping enforcement sweep ... Our View: Cheers and jeers ... Matthew Mangino: U.S. Supreme Court takes on Facebook threats By Matthew Mangino More Content Now MailTribune.com By Matthew Mangino More Content Now Posted Dec. 3, 2014 @ 8:36 am Updated Dec 3, 2014 at 2:47 PM By Matthew Mangino More Content Now Posted Dec. 3, 2014 @ 8:36 am Updated Dec 3, 2014 at 2:47 PM » Social News In 1998, recording artist Marshall Mathers — better known as Eminem — wrote a song about killing his ex-wife Kim. The lyrics included the following: “Come on, we’re going for a ride b-----. Sit up front. We’ll be right back, well, I will, you’ll be in the trunk.” Mathers was not prosecuted for his threatening language. Instead, he went on to win 13 Grammys for similarly hard-edged music. Anthony Elonis was not so lucky. In his effort to veil a threat against his estranged wife through the “art” of rap music, Elonis ended up on the wrong side of the law. Elonis was indicted in federal court in Pennsylvania on five counts of interstate communication of illegal threats on Facebook. After his wife left him, taking the couple's children with her, Elonis began posting about her on his Facebook page in the form of “rap lyrics.” For instance, he posted: “There’s one way to love ya, but a thousand ways to kill ya, and I'm not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Hurry up and die, b----.” At the end of his federal trial, according to National Public Radio, the judge instructed the jury that to convict it must find that Elonis' Facebook posts constituted true threats, meaning that “a reasonable person would foresee that the statements would be interpreted ... as a serious expression of an intent to inflict bodily injury.” Elonis was convicted and sentenced to 44 months in prison. Elonis appealed to the U.S. Supreme Court, contending that under the U.S. Constitution and federal law, a jury must find not only that a reasonable person would interpret the words as threatening, but that Elonis actually intended his words to be threatening. Elonis’ case arrived at the Supreme Court on Monday. “How does one prove what’s in somebody else’s mind?” asked Justice Ruth Bader Ginsburg. In this case, she said, a “reasonable person (would) think that the words would put someone in fear.” Elonis’ attorney, John Elwood, argued to the Supreme Court that the postings were protected by the First Amendment, citing the lyrics of various artists including Eminem. “The disclaimer posted all around the page saying basically, ‘This is all for entertainment purposes only,’ or that ‘This is venting; don’t take this too seriously,’ and when you put all that in context … he did not have an intent to put anyone in fear,” argued Elwood. According to The Los Angeles Times, none of the justices appeared to agree. Chief Justice John G. Roberts, Jr., although sympathetic to the plight of aspiring artists, said Elonis can claim “It’s therapeutic or it’s art,” but that should not be enough to escape prosecution. Justice Samuel A. Alito said leaning on rules protecting artistic expression “sounds like a road map for threatening a spouse and getting away with it.” Although much has been made of the connection of this case with Facebook, and the explosion of threatening language on the Internet, the decision’s impact will not be limited to threats on social media. “You’re accountable for the consequences” of your words, argued Deputy Solicitor General Michael Dreeben. He reminded the high court that it is a federal offense to transmit “any threat to injure” another person via the Internet. Garrett Epps wrote in The Atlantic, “Make it too easy to prove a threat, and government can muzzle those it dislikes; make it too hard, and the rest of us — on the job, on the streets and in our homes — are at the mercy of men like Elonis.” The Supreme Court is expected to make a decision by summer. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His recent book, “The Executioner’s Toll, 2010,” was released by McFarland Publishing. You can reach him at mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew Mangino More Content Now MailTribune.com By Matthew Mangino More Content Now Posted Dec. 3, 2014 @ 8:36 am Updated Dec 3, 2014 at 2:47 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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