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Elonis v. United States; true threat doctrine; domestic violence; Coercive Domestic Violence Statute; transaction-bound statute; intimate partner violence; gender-based violence; subjective intent; social media threats; order of protection; Interstate Communications Statute; First Amendment; reasonable listener standard; reasonable speaker standard; protected speech; Alafair Burke; Deborah Tuerkheimer; power and control; Anthony Elonis
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Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …