this post was submitted on 06 Aug 2026
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Fascist paramilitary thug threatens to arrest US citizen for exercising his 1st amendment rights (cdn.social.linux.pizza)
submitted 7 hours ago* (last edited 7 hours ago) by CubitOom@infosec.pub to c/progressivepolitics@lemmy.world
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cross-posted from: https://infosec.pub/post/50566589

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[–] earmuff@lemmy.dbzer0.com 3 points 5 hours ago (1 children)

The law is quite clear about this. Not just in the US.

In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words".[38] Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction".[39] Additionally, such speech must be "directed to the person of the hearer" and is "thus likely to be seen as a 'direct personal insult'".[40][41]

[–] Jax@sh.itjust.works 2 points 5 hours ago (1 children)

Watts v United States established that you can literally threaten to kill the president and it's protected by free speech.

[–] earmuff@lemmy.dbzer0.com 1 points 4 hours ago (1 children)

Threatening the president of the United States is a class D felony under United States CodeTitle 18, Section 871.[52][53] It is punishable by up to 5 years in prison,[52] a maximum fine of $250,000,[54] a $100 special assessment,[55]and up to 3 years of supervised release.[56]

[–] Jax@sh.itjust.works 2 points 3 hours ago (1 children)

The determination is made whether or not the threat can be proven to be true.

If I say I'm going to kill the president and it's proven that 1) I've taken no actual steps toward a plan and 2) I don't have the means to do so anyway - the threat is considered 'untrue'.

[–] earmuff@lemmy.dbzer0.com 0 points 3 hours ago

I wouldn’t rely on that. Why take such a risk, go through all the extras like questioning, court hearing, maybe even house arrest? Even if you go free, it wouldn’t be worth the effort.