A brief overview of my research into Social Media and the First Amendment.

1. Social Media and the First
Amendment
By: Alex Abler

2. Brief History of Social Media w/ First Amendment
- The First Amendment protects five fundamental freedoms of Americans: religion, speech, press,
assembly and petition” (Olson, 2016 p. 25).
- The First Amendment was created so citizens of the United States have the right to publish, preach
and state whatever they would like.
- As it stand now, the Federal Government has no really binding laws to social media because the
technology is always changing

3. Early and Recent Cases influencing Freedom with Social Media
- University of Illinois v. Salaita
- Packingham v. North Carolina
- Watts v. United States
- Elonis v. United States

4. Brief Overview
- Packingham v. North Carolina- A registered sex offender in North Carolina was found to be using
the popular social media site, Facebook. In NC it is illegal for a registered sex offender to take part in
any form of social media, currently Packingham is fighting the statute as it is an “umbrella” statute
- The University of Illinois v. Salaita- A professor who had just been brought on at the University
posted anti-semitic and anti-israel tweets, when he did so multiple people inside the university
attempted to block his tenure. Recently the case was settled and the University gave Salaita
$700,000 settlement.
- Elonis v. United States- Anthony Elonis made several threats on Facebook to his ex-wife, federal
agents and even a local kindergarten when he was finally convicted for those threats. The case is
still being thrown around the circus. Most recently the Supreme Court Ruled that the Jury was
mislead in the beginning stages of the trial and therefore reversed the guilty conviction.

5. Analysis of Cases
- Salaita- In this case the public University took what was made public on Salaita’s profile and turned
it against him, in a way. Several faculty members did not feel comfortable having him in their
department. Because there are no defined rules when it comes to social media in the government
both side wanted to move on and Salaita settled out of court
- Packingham- Packingham is currently fight the state of North Carolina stating that the statue that
doesn’t allow sex offenders to have social media profiles is an umbrella statement. He believes that
it is his right to be able to have and use social media.
- Elonis- Elonis is a marki case in the Circuit right now. Elonis made several threats to people via his
social media page on Facebook. The Federal Government arrested him on 4 counts of making
threats. The Circuits convicted Elonis when they noticed a pattern of aggressive behavior on his
Facebook page, the Supreme Court reversed their decision stating the Jury was mislead in how they
were supposed to perceive the case.

6. Conclusion
- When I broke down all cases I noticed, kind of, a general theme. It seems as
though the Federal Government really does not have a concrete, black and
white line in the sand when it comes to social media.
- When it comes down to it, social media is changing nearly every day, the
Federal government can’t reasonably set exact limitation on social media until
they can firmly hold a grip on social media itself.
- This most likely won’t happen anytime soon as some social media can be
seen as public forum and others are private.