In the recent case of USA v. Suzanne Ellen Kaye, No. 23-11423 (11th Cir. 2024), the admissibility and role of an Internet Expert Witness became a central issue in evaluating alleged criminal threats made via social media platforms. This case provides a clear illustration of the courts’ approach to expert testimony related to internet communications and the application of Daubert standards in federal criminal proceedings.
Background and Facts
Suzanne Ellen Kaye was charged with two counts of transmitting threats in violation of 18 U.S.C. § 875(c), based on videos she posted to Facebook, Instagram, and TikTok. The prosecution alleged that Kaye’s statements in these videos constituted “true threats” not protected by the First Amendment. The case focused on whether the content and context of Kaye’s online communications met the legal threshold for criminal threats.
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