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Authors:
\nSource:
\nDocument Type:
\nSubject Terms:
\nCompany\/Entity:
\nNAICS\/Industry
\nCodes:
\nAbstract:
\nFull Text Word
\nCount:
\nISSN:
\nAccession
\nNumber:
\nHigh
\nCourt
\nRules
\nin
\nOnline
\nThreat
\n,
\nReligious
\nRights
\nCases
\n.
\nWalsh
\n, Mark
\nEducation
\nWeek
\n. 6\/10\/2015, Vol. 34 Issue 34, p19-19. 2\/3p.
\nArticle
\n*
\nFreedom of speech — Lawsuits & claims
\n*
\nDiscrimination in employment — Law & legislation
\n*
\nJudgments (Law)
\n*
\nThreats — Law & legislation
\n*
\nOnline
\nsocial networks
\n*
\nMuslim women — Clothing
\nUnited States. Supreme
\nCourt
\n519130
\nInternet Publishing and Broadcasting and Web Search Portals
\nThe article reports on two recent U.S. Supreme
\nCourt
\ndecisions which it says
\nmay apply to school-related situations: Elonis v. United States, pertaining to
\nonline
\nsocial media postings apparently making threats of violence, and
\nEqual Employment Opportunity Commission v. Abercrombie & Fitch Stores
\nInc., pertaining to a young Muslim woman not hired for a job due to wearing a
\nhead scarf. The latter case was brought by Oklahoma resident Samantha
\nElauf.
\n1262
\n0277-4232
\n103227967<\/p>\n
View the Answer<\/p>\n
High
\nCourt
\nRules
\nin
\nOnline
\nThreat
\n,
\nReligious
\nRights
\nCases
\nIn two decisions last
\nweek
\n, the U.S. Supreme
\nCourt
\ntouched on a pair of issues — potentially
\nthreatening
\nonline
\nspeech and
\nreligious
\naccommodation — that are playing out in schools as
\nmuch as in the rest of society.
\nThe speech case, Elonis v. United States (No. 13-983), saw the justices ruling 8-1 to overturn
\nthe federal criminal conviction of Anthony Elonis, a Pennsylvania man whose postings on Face-
\nbook included talk of shooting up a kindergarten class. But the majority stopped short of making
\nany broad First Amendment rulings about Internet threats.
\nMeanwhile, in a separate case being watched by educators, Equal Employment Opportunity
\nCommission v. Abercrombie & Fitch Stores Inc. (No. 14-86), the
\ncourt
\nbolstered
\nreligious
\nprotections for employees by ruling for a young Muslim woman who was denied a job at a
\nclothing retailer because she wore a hijab, or head scarf.
\nBoth rulings, however, had some advocates saying they had hoped for more clarity from the
\nhigh
\ncourt
\non how the rulings should be applied by those seeking to make decisions in these
\ncontentious areas. The Elonis ruling involved a 27-year-old amusement-park employee in 2010
\nwho was experiencing dif\u00b1culties with his wife and his job when he began posting violent
\nmaterial on Facebook, including: “Enough elementary schools in a 10-mile radius to initiate the
\nmost heinous school shooting ever imagined. And hell hath no fury like a crazy man in a
\nkindergarten class. The only question is which one?”
\nMr. Elonis testi\u00b1ed in
\ncourt
\nthat the posting was a reference to the song, “I’
\nm
\nBack,” by the rap
\nartist Eminem, in which the artist had criticized his ex-wife and fantasized about participating in
\nthe 1999 shootings at Columbine
\nHigh
\nSchool in Colorado. Mr. Elonis also maintained that his
\nviolent postings were part of a \u00b1ctitious, rap-artist persona done in part for therapeutic reasons.
\nHe was charged under a general federal criminal statute against making threats. His lawyers
\nsought a jury instruction that would have required proof that he intended to communicate true
\nthreats to his targets. But the trial judge instead held that Mr. Elonis could be convicted if a
\n“reasonable person” would have perceived his communications as threatening.
\nHe was convicted on four counts and sentenced to nearly four years in prison, a sentence he
\nhas served.
\nHigh School Threats
\nWriting for six other members of the
\ncourt
\n, Chief Justice John G. Roberts Jr., said that it was not
\nListen
\nAmerican Accent<\/p>\n
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