Elonis' case
Elonis, too, employed a sobriquet -- Tone Dougie -- and social media
in posting an array of threats in a skit and in rap lyrics he posted online. Among his purported targets were employees of an amusement park from which he'd been fired, his estranged wife and elementary schools, court documents indicate. Per the latter, he wrote, "Hell hath no fury like a crazy man in a kindergarten class."
After FBI agents visited his home, he took to Facebook to post, "Little Agent lady stood so close/Took all the strength I had not to turn the b**** ghost/Pull my knife, flick my wrist, and slit her throat/Leave her bleedin' from her jugular in the arms of her partner." He also claimed that if the agents patted him down, he would "touch the detonator in my pocket and we're all goin' (BOOM!)"
Amid posting the lyrics, Elonis alluded to a First Amendment battle, saying, "Art is about pushing limits. I'm willing to go to jail for my Constitutional rights. Are you?" In court, he contended his songwriting was cathartic, a form of therapy, and compared his lyrics to those of Eminem,
who has repeatedly threatened to kill his wife and others in his music.
"The First Amendment's basic command is that the government may not prohibit the expression of an idea simply because society finds it offensive or disagreeable," defense attorney John Elwood wrote in a brief.
Elonis' case -- considered the US Supreme Court's first dealings in true threats on social media -- drew the support of the American Civil Liberties Union.
Despite Elonis' claim he was a poet and entertainer and that his lyrics were a form of self-expression, he was convicted on four counts of violating a federal threat statute and sentenced to 44 months in prison, a ruling upheld on appeal until it reached the US Supreme Court.
The justices ruled 8-1
that the lower court had erred in convicting Elonis based on the assertion that a reasonable person would consider his posts threatening. Such a legal standard was too low to convict him, the court ruled.
"Our holding makes clear that negligence is not sufficient to support a conviction," Chief Justice John Roberts wrote.
The confusion laid bare
In ruling in Elonis' favor, the high court left open what the standard should be. It was a narrow ruling and the court did not address the larger constitutional issue, which analysts at the time predicted would result in disparate rulings among lower courts.
Analyst Lyle Denniston
wrote for SCOTUSblog at the time that the ruling "was based solely on the premise that he was convicted without proof that he knew what he was writing and that the ordinary meaning of his words would be a threat."
The 1939 federal law dealing with true threats is clear in its requirement that a communication containing a threat be transmitted and that the accused is aware.
Denniston wrote, however, the ruling failed to set a standard for future rulings, as mentioned in Justice Clarence Thomas' dissent and Alito's partial dissent.
Alito predicted the ruling would "cause confusion and serious problems" because the majority provided only a partial answer as to what mental state was required for conviction under the law, Denniston wrote. Thomas lamented the ruling left lower courts "to guess at the appropriate mental state" required for conviction. It discarded the approach of the previous federal appeals court "and leaves nothing in its place," Thomas wrote in his dissent.
While those might seem like heady issues, the rap community sees it in simpler terms. This is about expression, they say, and if Knox's conviction is upheld, it will show that a different standard is being applied to rap music than to other forms of entertainment.
Rap attack?
In their legal brief filed last week, scholars joined forces with rhymesmiths including Chance the Rapper, Killer Mike, 21 Savage, Meek Mill, Fat Joe and Luther Campbell, whose 2 Live Crew was integral in shaping the nation's obscenity laws in the 1990s.
They called Knox's song a political statement "that no reasonable person familiar with rap music would have interpreted as a true threat of violence."
The name of the song itself, they said, pays homage to
N.W.A.'s "F*** The Police," which they dubbed "one of the most important protest songs ever written."
Knox's song, thus, provides the perfect vehicle for establishing the standards for whether speech is threatening and not worthy of First Amendment protection because it "not only is political in character, but is a complex form of expression characterized by multilayered messages, which leads to the possibility of misinterpretation," they wrote.
The sounds of protest
"Furthermore, rappers famously rely on exaggeration and hyperbole as they craft the larger-than-life characters that have entertained fans (and offended critics) for decades."
But while imploring the Supreme Court to take up the case and set a discernible standard, the rappers' and scholars' minds are already made up.
"A person unfamiliar with what today is the nation's most dominant musical genre or one who hears music through the auditory lens of older genres such as jazz, country, or symphony, may mistakenly interpret a rap song as a true threat of violence and may falsely conclude a rapper intended to convey a true threat of violence when he did not," the brief said.
CNN's Ariane de Vogue, Veronica Stracqualursi and Joan Biskupic contributed to this report.