Stanford CIS

Do Online Death Threats Count as Free Speech?

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"‘'We usually think of freedom of speech as enhancing liberty, but this is speech that takes away someone else’s liberty,'’ said Danielle Citron, a law professor at the University of Maryland.

The truth is that even when intent to do harm seems obvious, online threats are rarely prosecuted. Citron looked at the federal law that is the basis for the Elonis case and found that it has been enforced fewer than 50 times, online and off, over the past eight years. Stalking laws, domestic-violence advocates say, aren’t enforced much, either."