Elonis Ruling by U.S. Supreme Court Fails Victims

DENVER, CO–Yesterday, in a concerning turn of events, the Supreme Court ruled in favor of Anthony Douglas Elonis in a case that will have a profound impact on victims and survivors of online abuse and cyberstalking. Using a pseudonym, Elonis posted self-styled rap lyrics threatening his ex-wife, his co-workers, law enforcement agents and a kindergarten class. He claimed he was merely exercising his First Amendment rights and did not intend to follow through with his threats.

Elonis was convicted of cyberstalking and appealed his case all the way to the Supreme Court. In his original trial, the court told the jury Elonis should be held guilty if a reasonable person would have known such actions would be interpreted as a threat. He claimed that standard was too low, and the prosecutor should have to prove he actually intended his statements to be a ‘true threat’.

In a 7-2 ruling that is a blow to victims, advocates, prosecutors and law enforcement around the country, the Supreme Court sided with Elonis. However, the ruling did not define the threshold required for conviction, leaving the lower courts to thresh out the issue. The fall-out has yet to be seen, but this ruling has the potential to jeopardize stalking laws nationwide.

“Once again our system has shown that it does not understand nor recognize how creative and manipulative abusers can be, nor has it shown that victims can trust our system to provide full protections. Most everyone else held the stalker accountable for his harmful actions, but in this instance the courts failed the victim,” says Ruth Glenn, Executive Director of the National Coalition Against Domestic Violence.

Stalking is a serious crime that can have profound physical, psychological and financial impacts on victims. It is also a key indicator of lethality. A ten-city study of intimate partner homicide found that 76% of women killed by intimate partners and 85% of women who survived such murder attempts were stalked by their murders. As a society, we must have a zero-tolerance policy toward all forms of abuse.

The National Coalition Against Domestic Violence (NCADV) has worked since 1978 to make every home a safe home. The NCADV works to raise awareness about domestic violence; to educate and create programming and technical assistance, to assist the public in addressing the issue, and to support those impacted by domestic violence. Visit us at www.ncadv.org.