Facebook is built for storytelling. Should the law blame people who use it to spin stories?

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[Commentary] How exactly the forum that is Facebook should be thought of under the law is something the Supreme Court has had to contend with in the Elonis v. the United States case. What the Justices have to decide is whether Elonis was engaged in mere First Amendment-protected storytelling and whether a reasonable person in 2014 would interpret his Facebook posts as what the law calls a "true threat". Elonis v. the United States, though, also raises a somewhat deeper question about the nature of Facebook. That is: Social media is geared toward performance. Should we really be surprised when people use it to perform?


Facebook is built for storytelling. Should the law blame people who use it to spin stories?