Keep Calm and Understand Elonis v. U.S.

Aug 14, 2015

Examine the Supreme Court's opinion in Elonis v. U.S. and its implications for investigations and prosecutions involving online threats and stalking

Resource type

Webinars

Author(s)

Teresa M. Garvey (Attorney Advisor, AEquitas); Joan Meier (Legal Director, Domestic Violence Legal Empowerment and Appeals Project (DV LEAP))

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The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. The webinar analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The presenters, one of whom authored an amicus brief in the Elonis case, suggest strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.

This webinar recording should qualify prosecutors for 1.25 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.