What about the language at pages 54 to 55 of the Petitioner’s brief? You know, “Da-da make a nice bed for mommy at the bottom of the lake,” “tie a rope around a rock,” this is during the context of a domestic dispute between a husband and wife. “There goes mama splashing in the water, no more fighting with dad,” you know, all that stuff.
— Chief Justice John Roberts, quoting Eminem’s song, ’97 Bonnie and Clyde, during oral arguments yesterday in Elonis v. United States. The case examines whether “brutally violent” rap lyrics posted online may be considered “true threats” deserving of criminal prosecution. Elonis has the potential to become a landmark First Amendment case.