Elonis v. United States: SCOTUS Again Adopts Narrowing Construction of Criminal Statute
As I noted in my post last week, the Supreme Court has a variety of interpretive tools at its disposal to rein in the ever-expanding reach of federal criminal law. Right on cue, the Court demonstrated the use of one of these tools this week in Elonis v. United States.
Elonis, a self-styled rapper, posted a variety of lyrics with violent themes on his Facebook page. Some of these lyrics related to his wife, some to coworkers, and some to law-enforcement personnel, among others. Elonis was eventually convicted under 18 U.S.C. §875(c), which prohibits individuals from transmitting in interstate commerce “any communication containing any threat . . . to injure the person of another.”
The Supreme Court reversed, ruling that Elonis’s jury had been improperly instructed.

Our June guest blogger with be rising 2L Erik Eisenheim. Erik is originally from Marinette, Wisconsin, currently lives in Green Bay, and is interested in antitrust law, telecommunications law, securities regulation, and constitutional law. Many thanks to our previous guest, 3L Amy Heart.