That is the issue before the Supreme Court of the United States.
After Anthony Elonis's wife left him, took their children and secured a restraining order, Elonis decided to share lyrics from an Eminem song on Facebook and direct his post toward his ex-wife.
One interpretation is that he was simply venting his anger. However, his employer decided it didn't want an employee who threatened people on Facebook and fired him.
Four years ago, a jury convicted Elonis of violating 18 U.S.C. Section 875.(c), which criminalizes interstate transmission of communications that threaten to injure another person. (The Facebook post is considered an interstate transmission.)
The jury in that case sentenced Elonis to 44 months of prison and three years probation.
But was Elonis using Eminem lyrics to threaten his wife? Or was he merely expressing his frustration in general? That's what the Supreme Court will need to decide.