How much trouble would you get into if you wrote that you would like to see a Halloween costume that included your wife’s “head on a stick.”? What if you talked about “making a name for myself” with a school shooting, saying, “Hell hath no fury like a crazy man in a kindergarten class.”? What if you fantasized about killing an F.B.I. agent?
The answer might depend on whether you posted it on the internet. The Supreme Court has just heard oral arguments in Elonis v. United States, No. 13-983, and will decide soon.