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[–] wig 0 points 1 point 1 point (+1|-0) ago
So True!
Worse,,, Supreme court definition of FREE SPEECH eroded for whites and white teens ignoring definition of "imminent lawless action" ignoring both specific target and specific timeframe under 1 year: example :
THIS WEEKS ARREST BY COPS FOR A KID TALKING SMACK ONLINE about a mythical gun and mythical name : ARRESTED AND SENT TO JUVIE jail!
Watch arrest and him crying over unfairness, now he can never get a gun or get into good university :
https://www.liveleak.com/view?t=CXcVq_1566249133
All he wrote was : "I Dalton Barnhart vow to bring my fathers m15 to school and kill 7 people at a minimum"
The name "Dalton Barnhart" was fake, and the young man responsible for the comment insisted it was a joke.
The arrest will not stick, but his parents might get scared into signing away kids rights.
The US Supreme court ruled MANY MANY TIMES that to be illegal speech and a call to imminent violence or crime, an utterance of imminent unlawful act needs TWO components :
1 > A SPECIFIC TARGET OR TARGETS not including a complete class of targets.
2 > AN IMMINENT TIME PERIOD LESS THAN 365 days from now.
NEITHER condition was met by the looks of this news release, and the utterance is wholly free speech.
Famous SCOTUS Brandenburg v. Ohio (1969)
https://en.wikipedia.org/wiki/Imminent_lawless_action
https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
SCOTUS Hess v. Indiana, 414 U.S. 105 (1973) [must be less than 12 months] :
https://en.wikipedia.org/wiki/Hess_v._Indiana
One minor quibble... a so-called "death threat" implied to a specific target over a phone line (not posted on open web forum), directly over a phone and across a state line, personally uttered to a target, is a federal FCC violation and crime. In fact, a few crimes.
FAKE CHARGES!!
Unless they are trying to apply "hate crime enhancements" atop an actual non-speech crime....
US Supreme Court has ruled MANY TIMES that an imminent unlawful threat requires a stated time of the event less than 365 days in the future, AND requires the target of the unlawful act to be NOT the entire class of targets, but at least a subset.
Not specifying WHICH students and WHEN makes the arrest bogus and the kid 100% innocent under SCOTUS and SCOTUS overrides any state law.