First Amendment Test

JGalt

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Imagine someone made a statement on social media, and the outcome of which could be a number of possibilities:

1. They could be arrested

2. They could be banned from that social media site.

3. That social media site could be shut down.

4. Nothing could happen.

First off, let me include a couple disclaimers. I have never committed an act of terrorism. I do not condone terrorism, nor do I condone any criminal behavior. I am not a member of any organization who advocates the overthrow of the US government, nor do I not play with explosives.

Ready? Ok here we go: Imagine that someone made the following statement:

Attention terrorists: Please blow up President-Elect Joe Biden's inauguration

Would someone please tell me if you can, what would be the ramifications of making such a statement? Would a person who said that be protected under their First Amendment right? And if not, why were there so many threats made to President Trump, and none of those people were prosecuted?

Let me provide a few examples:

15 Celebrities Who Controversially Threatened Violence Against Trump

"Hollywood is no stranger to political friction, but few politicians have inspired as much hatred and disgust as Donald Trump. In fact, many of his fellow celebrities have even gone as far to threaten the president. Here are fifteen notable instances.."

15 Celebrities Who Controversially Threatened Violence Against Trump
 
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Votto

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It's never ending hypocrisy. Congressional members like Pelosi and Maxine Waters can make threatening comments to incite rioting, and nothing is done to them

Americas are fed up.
 

Anomalism

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Lol

Somebody wants to amp on his rhetoric but is afraid of being tracked by the FBI.
 

alpine

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Imagine someone made a statement, and the outcome of which could be a number of possibilities:

1. They could be arrested

2. They could be banned from USMB.

3. USMB could be shut down.

4. Nothing could happen.

First off, let me include a couple disclaimers. I have never committed an act of terrorism. I do not condone terrorism, nor do I condone any criminal behavior. I am not a member of any organization who advocates the overthrow of the US government, nor do I not play with explosives.

Ready? Ok here we go: Imagine that someone made the following statement:

Attention terrorists: Please blow up President-Elect Joe Biden's inauguration

Would someone please tell me if you can, what would be the ramifications of making such a statement? Would a person who said that be protected under their First Amendment right? And if not, why were there so many threats made to President Trump, and none of those people were prosecuted?

Let me provide a few examples:

15 Celebrities Who Controversially Threatened Violence Against Trump
Attention terrorists: Please blow up President-Elect Joe Biden's inauguration go there and steal the election for me
and they did storm into the capitol building...



15 Celebrities Who Controversially Threatened Violence Against Trump
and nobody stormed into the white house...



there you go, fixed it for ya...
hope you understand the simple difference between...
i highly doubt you will tho...
 
OP
JGalt

JGalt

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Imagine someone made a statement, and the outcome of which could be a number of possibilities:

1. They could be arrested

2. They could be banned from USMB.

3. USMB could be shut down.

4. Nothing could happen.

First off, let me include a couple disclaimers. I have never committed an act of terrorism. I do not condone terrorism, nor do I condone any criminal behavior. I am not a member of any organization who advocates the overthrow of the US government, nor do I not play with explosives.

Ready? Ok here we go: Imagine that someone made the following statement:

Attention terrorists: Please blow up President-Elect Joe Biden's inauguration

Would someone please tell me if you can, what would be the ramifications of making such a statement? Would a person who said that be protected under their First Amendment right? And if not, why were there so many threats made to President Trump, and none of those people were prosecuted?

Let me provide a few examples:

15 Celebrities Who Controversially Threatened Violence Against Trump
Attention terrorists: Please blow up President-Elect Joe Biden's inauguration go there and steal the election for me
and they did storm into the capitol building...



15 Celebrities Who Controversially Threatened Violence Against Trump
and nobody stormed into the white house...



there you go, fixed it for ya...
hope you understand the simple difference between...
i highly doubt you will tho...
According the the law, a prosecutor needs to prove all 6 of the following elements:

1. You willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family

2. You made the threat orally, in writing, or by electronic communication

3. You intended to communicate your statement as a threat to the victim

4. Your threat was so clear, immediate, unconditional, and specific that it communicated to the victim a serious, immediate prospect that the threat would be carried out

5. Your statement caused the victim to be in sustained fear for his or her own safety or the safety of his or her immediate family; AND

6. The victim’s fear was reasonable under the circumstances

What Constitutes Criminal Threats? (PC 422)

So what you are saying is that in spite of Madonna's statement that she had "thought an aweful lot about blowing up the White House", her statement could not be construed as an actual legal "threat", as it did not fulfill the other requirements, right?

So what if she had said " Attention terrorists: Please blow up President-Elect Joe Biden's inauguration"?

Would that have been considered a "threat" under the legal definition?
 

Gdjjr

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When one is determined to be special, like the idiots posted in the memes, they are above the law- I'm sure I've read that somewhere- oh, it's in the be an idiot in public handbook- man, whoever wrote that must be a multi-bazillionaire
 

alpine

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Imagine someone made a statement, and the outcome of which could be a number of possibilities:

1. They could be arrested

2. They could be banned from USMB.

3. USMB could be shut down.

4. Nothing could happen.

First off, let me include a couple disclaimers. I have never committed an act of terrorism. I do not condone terrorism, nor do I condone any criminal behavior. I am not a member of any organization who advocates the overthrow of the US government, nor do I not play with explosives.

Ready? Ok here we go: Imagine that someone made the following statement:

Attention terrorists: Please blow up President-Elect Joe Biden's inauguration

Would someone please tell me if you can, what would be the ramifications of making such a statement? Would a person who said that be protected under their First Amendment right? And if not, why were there so many threats made to President Trump, and none of those people were prosecuted?

Let me provide a few examples:

15 Celebrities Who Controversially Threatened Violence Against Trump
Attention terrorists: Please blow up President-Elect Joe Biden's inauguration go there and steal the election for me
and they did storm into the capitol building...



15 Celebrities Who Controversially Threatened Violence Against Trump
and nobody stormed into the white house...



there you go, fixed it for ya...
hope you understand the simple difference between...
i highly doubt you will tho...
According the the law, a prosecutor needs to prove all 6 of the following elements:

1. You willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family

2. You made the threat orally, in writing, or by electronic communication

3. You intended to communicate your statement as a threat to the victim

4. Your threat was so clear, immediate, unconditional, and specific that it communicated to the victim a serious, immediate prospect that the threat would be carried out

5. Your statement caused the victim to be in sustained fear for his or her own safety or the safety of his or her immediate family; AND

6. The victim’s fear was reasonable under the circumstances

What Constitutes Criminal Threats? (PC 422)

So what you are saying is that in spite of Madonna's statement that she had "thought an aweful lot about blowing up the White House", her statement could not be construed as an actual legal "threat", as it did not fulfill the other requirements, right?

So what if she had said " Attention terrorists: Please blow up President-Elect Joe Biden's inauguration"?

Would that have been considered a "threat" under the legal definition?
let me fix that for you one more time jihadi galt...

"Attention to the terrorists who already proved their lunacy on jan 6th: Please blow up President-Elect Joe Biden's inauguration, and come in prepared this time..."

there you go...

i can just hope you lunatics wont be able to hurt innocent people this time...
 
OP
JGalt

JGalt

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Imagine someone made a statement, and the outcome of which could be a number of possibilities:

1. They could be arrested

2. They could be banned from USMB.

3. USMB could be shut down.

4. Nothing could happen.

First off, let me include a couple disclaimers. I have never committed an act of terrorism. I do not condone terrorism, nor do I condone any criminal behavior. I am not a member of any organization who advocates the overthrow of the US government, nor do I not play with explosives.

Ready? Ok here we go: Imagine that someone made the following statement:

Attention terrorists: Please blow up President-Elect Joe Biden's inauguration

Would someone please tell me if you can, what would be the ramifications of making such a statement? Would a person who said that be protected under their First Amendment right? And if not, why were there so many threats made to President Trump, and none of those people were prosecuted?

Let me provide a few examples:

15 Celebrities Who Controversially Threatened Violence Against Trump
Attention terrorists: Please blow up President-Elect Joe Biden's inauguration go there and steal the election for me
and they did storm into the capitol building...



15 Celebrities Who Controversially Threatened Violence Against Trump
and nobody stormed into the white house...



there you go, fixed it for ya...
hope you understand the simple difference between...
i highly doubt you will tho...
According the the law, a prosecutor needs to prove all 6 of the following elements:

1. You willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family

2. You made the threat orally, in writing, or by electronic communication

3. You intended to communicate your statement as a threat to the victim

4. Your threat was so clear, immediate, unconditional, and specific that it communicated to the victim a serious, immediate prospect that the threat would be carried out

5. Your statement caused the victim to be in sustained fear for his or her own safety or the safety of his or her immediate family; AND

6. The victim’s fear was reasonable under the circumstances

What Constitutes Criminal Threats? (PC 422)

So what you are saying is that in spite of Madonna's statement that she had "thought an aweful lot about blowing up the White House", her statement could not be construed as an actual legal "threat", as it did not fulfill the other requirements, right?

So what if she had said " Attention terrorists: Please blow up President-Elect Joe Biden's inauguration"?

Would that have been considered a "threat" under the legal definition?
let me fix that for you one more time jihadi galt...

"Attention to the terrorists who already proved their lunacy on jan 6th: Please blow up President-Elect Joe Biden's inauguration, and come in prepared this time..."

there you go...

i can just hope you lunatics wont be able to hurt innocent people this time...
That is not what I said.
 

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