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Explanation & Answer

Attached.
Free Speech and Democracy
Thesis statement: Based on the interpretation of the law and previous cases, Elonis and
the rapper Mr. Knox should both be found not guilty on the basis that there was no prove beyond
reasonable doubt that they both intended to threaten their subjects in the communications and
that the subjects perceived the communications as actual threats.
I.
Introduction
II.
Elonis v. the United States of America
III.
Threatening his co-workers and defense
IV.
Threatening his wife and defense
V.
VI.
VII.
VIII.
Third count threatening a law enforcement officer
Fourth count and defense
Mr. Knox case
Conclusion
Running head: FREE SPEECH AND DEMOCRACY
Free Speech and Democracy
Name
Institution
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FREE SPEECH AND DEMOCRACY
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Free Speech and Democracy
The laws of the United States of America make it illegal to threaten someone knowingly.
The law also explains when one can be found guilty of a crime involving threatening a person or
people. One must have the knowledge that the content that he issues is threatening to another
person and also have the intention of threatening another person. It is also important that the
message is perceived as a threat by reasonable people. The issue about the legalities surrounding
threats on social media and rap music is the center of the discussion. The paper examines two
cases in which defendants were in court because of threatening other people. Based on the
interpretation of the law and previous cases, Elonis and the rapper Mr. Knox should both be
found not guilty on the basis that there was no prove beyond reasonable doubt that they both
intended to threaten their subjects in the communications and that the subjects perceived the
communications as actual threats.
Based on the laws of the U.S.A, the Supreme Court ruling that the trial court had wrongly
convicted Elonis was correct (SUPREME COURT OF THE UNITED STATES, 2015). The law
did not substantiate the various counts of threats that the defendant made. On the first count,
Elonis was accused of threatening his co-workers. In the count, even though the defendant used
words that may be threatening, the Court of Appeals was right in finding him not guilty because
even though the coworkers maybe have perceived him as guilty, he had already given a
disclaimer that the characters in his lyrics should not be perceived to be real persons. Therefore,
it was clear that he did ...
