As people live out their lives online, what is protected expression and what is criminal speech? This article begins to explore this fine distinction, and advocates for a shift in the way online speech is protected vis-à-vis the First Amendment. Part I provides examples of criminalized social media activity and explores why people seemingly treat online speech as private communications. Part II looks at existing jurisprudence regarding the criminalization of speech and First Amendment protections. And Part III attempts to determine where to draw the line by advocating for a return to simpler times in First Amendment jurisprudence.
Recommended CitationDaniel S. Harawa, Social Media Thoughtcrimes, 35 Pace L. Rev. 366 (2014)
Available at: http://digitalcommons.pace.edu/plr/vol35/iss1/13