If an online threat towards someone specific makes that person feel as if their life is in danger or causes a negative affect towards that person, if that threat protected by free speech?

Question

*not real people

Let's say Steve posts a graphically violent message towards Stacy on social media. If that posts causes Stacy to feel threatened or feel as if her life is in danger, is Steve's post protected by free speech?

Answer 1

Madeline,

The short answer is no.

The longer answer: There are some exceptions to the 1st Amendment, and they include "true threats" (among other things such as obscenity, defamation, fraud, etc...). True threats are statements that frighten or intimidate people into believing that they will be seriously harmed by either the speaker or someone acting on behalf of the speaker.

Furthermore, such messages could cause emotional distress, which is legally defined and intentionally inflicting it is a tort which could be proven in a civil court.

In other words, Stacy has legal recourse available to her because Steve's posts are NOT protected by free speech.

Hope this helps! :)

Answer 2

Hi Madeline,

According to United States federal law, threatening someone online is a direct violation of 18 U.S.C. § 875. Please seek help if you or someone you know has been threatened online. The best way to deal with this situation immediately is to block all access of the offender from your online activity. Encourage family and friends close to you to block the offender as well. I hope this helps. See the below link for a reference to US Federal law.

https://www.justice.gov/usao/file/851856/download#:~:text=The%20communication%20in%20interstate%20commerce,online%20may%20be%20federally%20prosecuted.

Best,

Read C.