True Threats (as defined in Virginia v. Black)
“Statements where the speaker means to communicate a serious expression
of an intent to commit an act of unlawful violence to a particular
individual or group of individuals.” To be a true threat, “the
speaker need not actually intend to carry out the threat.”
Intimidation (as defined in Virginia v. Black)
Intimidation “is a type of true threat, where the speaker directs a
threat to a person or group of persons with the intent of placing the
victim in fear of bodily harm or death.”
What Do You Think?
Hal Turner, an internet radio host and blogger, was recently
convicted
of making threats against three federal judges who had upheld a handgun
ban. He posted on his website the judges' names, their photographs,
their work addresses, and a map of the courthouse where they worked. He
then said about them: "These judges deserve to be killed. Their blood
will replenish the tree of liberty. A small price to pay to assure
freedom for millions." He also wrote approvingly of the February 2005
murder of the husband and mother of a federal court judge by a losing
litigant. The murderer then committed suicide. Turner wrote about the
killing and subsequent suicide: "Hope you think your job was worth what
it seems to
have cost you. Every other
federal judge should take a good hard look. White people are tired of
being pushed around by this government. We are slow to anger, but when
we reach our limit, it isn’t pretty."
Should the conviction be overturned on the ground that it violates the
First Amendment?
Looking back at the Nuremberg
Files website, is this website an example of a true threat?