Are death threats protected speech?

[chanel]

MERRITT ISLAND, Fla. -- Brevard County school officials are investigating a threatening Facebook post about a high school teacher that was written by one of her students.

An attorney for teacher Kathy Bowen says she was informed of boy's online threat after returning from a leave of absence. Attorney William Whitacre says the student wrote: "Hey, I want to kill Mrs. Bowen. Does anybody want to help?"

A Brevard County Sheriff's Office spokesman says the student isn't facing criminal charges.

Student posts threat against teacher on Facebook - Florida AP - MiamiHerald.com

 

[AllieBaba]

Nope.

 

[sparky]

Dibs the 'men in black' would impose a visit if that kid claimed he wanted to off Obama

 

[xsited1]

Are death threats protected speech?

It is if you're a member of a protected class.

 

[xotoxi]

When I receive a death threat, I find the person who wrote it and kill them.

That way, I am safe.

 

[chanel]

We had this discussion last week about how the Courts have pretty much given students "carte blanche" when it comes to facebook and other social networking sites. A teacher friend of mine just found out that some students created a fake facebook page for him. It was fairly benign, but someone was pretending to be him. The school wants nothing to do with disciplining the kids involved. It's brand new territory. Reputations can be destroyed and in this case, someones safety can be jeopardized. And its the same people who advocate children's free speech rights that say "hey they're just kids" You can't have it both ways.

 

[sparky]

well then, would'nt this be slanderous ?

 

[chanel]

We never get the whole story of course. Perhaps the "kill" comment was made "in jest" and the teacher didn't want to press charges. Who knows?

But I think that "unlimited free speech" advocates don't understand that children need to be taught that just because you have the right to say something, doesn't make it right. Too few consequences in that regard IMHO. The civil rights extremists are tying the hands of school officials and the juvenile court system - and doing a disservice to the kids themselves.

 

[California Girl]

We never get the whole story of course. Perhaps the "kill" comment was made "in jest" and the teacher didn't want to press charges. Who knows?

But I think that "unlimited free speech" advocates don't understand that children need to be taught that just because you have the right to say something, doesn't make it right. Too few consequences in that regard IMHO. The civil rights extremists are tying the hands of school officials and the juvenile court system - and doing a disservice to the kids themselves.

Action and consequence. Kids have to learn that with rights come responsibilities. Threaten to kill someone, and there should be consequences.

 

[chanel]

Racist speech is a suspendable offense in most schools. In NJ, students suspended for this offense are rewarded with a "vacation" replete with a private home instructor, so they don't "fail" because they are missing school. Some jerkoffs have learned that this is a pretty fun and easy way to get through high school. Surprise surprise. Permissive parenting, ambulance chasing lawyers, and bleeding hearts undermining the authority of the teachers are destroying our educational system. For what reason do I ask?

 

[random3434]

Yet here on the USMB when someone makes a death threat against another poster we just ban them.

 

[California Girl]

Yet here on the USMB when someone makes a death threat against another poster we just ban them.

You do? That's not fair.

 

[chanel]

Too bad schools don't have a ban button.

 

[slackjawed]

I hold the opinion that death threats are a form of 'free speech', and further that one is responsible for whatever 'free speech' one engages in.

In other words, yes you are free to make death threats, and are also free to be arrested and imprisoned for exercising that right.

 

[editec]

Are death threats protected speech?

If the person who recieves the threat has a reasonable cause to believe that the threat is real?

No.

It's really that simply stated, but no necessarily that simple to decide in any case.

What is a REASONABLE cause? for example.

That's why we need courts AND the law, too.

 

[uscitizen]

As far as I am concerend if you threaten my life I am entitled to preemptively shoot your ass to prevent you from carrying out the threat.

 

[ihopehefails]

MERRITT ISLAND, Fla. -- Brevard County school officials are investigating a threatening Facebook post about a high school teacher that was written by one of her students.

An attorney for teacher Kathy Bowen says she was informed of boy's online threat after returning from a leave of absence. Attorney William Whitacre says the student wrote: "Hey, I want to kill Mrs. Bowen. Does anybody want to help?"

A Brevard County Sheriff's Office spokesman says the student isn't facing criminal charges.

Student posts threat against teacher on Facebook - Florida AP - MiamiHerald.com

I believe on the federal level it is simply because all speech is protected. I don't know about the state level but on a philosophical view I believe he should not be arrested. Stating "I wish to kill someone" is not an action. Its not an attempt to kill someone however it does make someone suspicious and the police should keep a close eye on him for that reason. When he begins stockpiling weapons then he can be arrested for attempted murder.

 

[chanel]

Interesting. I think the standard is easier in NJ.

The 5 Elements of a Criminal or Terrorist Threats

Florida Penal Code Section (a)ccused willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on an additional person

The accused made the threat with the specific intent that it be taken as a threat
# The threat is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and the immediate prospect of execution (the person was very clear and specific about carrying out the threat)
# The threat actually caused sustained fear in the victim (for "a period of time that extends beyond what is momentary, fleeting, or transitory")
# The sustained fear was reasonable

Criminal Threats l Terrorist Threats l Florida Criminal Defense Attorney l Orlando Criminal Defense Attorney

It looks like it wasn't specific enough. So I'm guessing the civil libertarian extremists will be arguing that he can't be suspended from school either. Fortunately, the courts would most likely disagree.