5 ms·
I studied a fair bit of free speech literature in college. Based on my reading of the article, I would have a hard time seeing his comments pass first amendment
by d-sc 7y ago
I studied a fair bit of free speech literature in college. Based on my reading of the article, I would have a hard time seeing his comments pass first amendment scrutiny with enough lawyering.
- colejohnson66 7y agoWhat part, in your opinion, isn’t covered by the first amendment?
- d-sc 7y agoRereading my comment now, it looks a bit confusing. I would think that it would be hard for the state to convict him. Generally a threat must pass a higher standard of scrutiny when directed at a public official. E.G. a judge.[1] Threading to dig up skeletons in the courts closet, while not very nice, doesn’t suggest that the guy intended to cause physical harm to the judge and is well within the realm of political banter. Even the case report didn’t find intent of physical harm to the judge. Also, there was a guy a couple years ago that made much more threading remarks on social media that the Supreme Court said were ok. [2] [1]https://en.wikipedia.org/wiki/True_threat https://en.wikipedia.org/wiki/True_threat [2]https://en.m.wikipedia.org/wiki/Elonis_v._United_States https://en.m.wikipedia.org/wiki/Elonis_v._United_States