First, review the Technology & Criminal Justice vignette called Posting on Social Media: Distinguishing Threats from Free Expression in Chapter 4 Section 4-2 of the textbook.
Is there a risk that the Supreme Court’s decision could limit the ability of rappers, songwriters, and poets to express themselves in stark terms? Is the risk of harm different, either greater or reduced, because any threat-like statements are announced to a broader audience than are traditional criminal threats sent to an individual?
Create a test that could be used to distinguish actual criminal threats from creative expression. Then, provide two examples of expressions that you believe show sufficient intent to justify a criminal conviction for making threats, and provide two examples that could be considered creative expression.