June 20, 2014 -- Professor Eugene Volokh commented on a case headed to the Supreme Court dealing with threats made on Facebook. His comments appear in a BloombergBusinessweek article.
According to Eugene Volokh, a UCLA law professor specializing in First Amendment and cyberlaw, however, that’s not really what’s at stake here.
“This isn’t a case about Facebook vs. other things,” he told me. “Journalists and laypeople love to make these kinds of cases all about the medium, but generally speaking the law regards the medium as largely irrelevant. The question is the message, the question is the context, and the rules are generally the same, whether it’s a letter, or a fax, or skywriting. Or a Facebook post.”
The medium of a threat might matter in some instances, he says: ”If, for example, the medium is a paper wrapped around a rock thrown through your window or, for that matter, a cross being burned on your front lawn, that is more likely to be both reasonably perceived to threaten and be intended to threaten.”
Read the entire article.