Looks like Eminem is testing the limits of the first amendment once again, using the same songs that caused horror to parents and censors around the country when they emerged around 1999. This time however, his lyrics are being compared to rap lyrics drafted by one Anthony Elonis who claims he was venting over his divorce and never actually intended anyone harm when he made violent threats regarding his ex-wife on Facebook. If the court agrees with the Eminem argument he may be off scot-free. If they disagree, he could end up in prison for up to four years (from Billboard).
An example of the lyrics Elonis posted under the alias "Tone Dougie": "There's one way to love you but a thousand ways to kill you/I'm not going to rest until your body is a mess/ soaked in blood and dying from all the little cuts."
Lower courts have disagreed with Elonis' argument that his statements weren't worthy of criminal punishment. They argue that the true test of a "true threat" isn't the intent of the speaker but rather the effect it has on the subject of the statement. His wife, understandably, was shaken by his words.
Elonis and his attorneys argue that "political hyperbole" and "unpleasantly sharp attacks" are immune to such prosecution. The trouble is defining at what point an "unpleasantly sharp attack" becomes a true threat. The accused's attorneys argue that he was influenced by Eminem, whose lyrics in tracks such as "Kim" imply violence against real-life ex-spouses.
Elonis dug himself into a far deeper hole than his idol did however. The former also made reference to shooting up a kindergarten in his lyrics (a bad move regardless of the political climate) as well as writing an extra rap about killing the FBI agent who came to question him about his original posts.
There's freedom of speech, there's idiocy and then there's Anthony Elonis.
