this post was submitted on 18 Sep 2024
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The Secret Service has launched a probe into an X post by Elon Musk in which he tweeted that “no one is even trying” to kill Kamala Harris or Joe Biden.

The tech billionaire deleted the post on his X platform and passed it off as a “joke.” However, the White House did not find it funny and instead called it “irresponsible.”

“Violence should only be condemned, never encouraged or joked about,” the White House said in a statement. Now the Secret Service is involved.

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[–] Hylactor@sopuli.xyz 7 points 1 month ago (1 children)

Full text of the 1st amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Disapproving of what Musk says, or desiring for Musk to face consequences for what he says, is not in conflict with the 1st amendment.

[–] atzanteol@sh.itjust.works -1 points 1 month ago (2 children)
[–] wildcardology@lemmy.world 2 points 1 month ago* (last edited 1 month ago)

Swift can violate Musk's "free speech" because she is not the government.

Clearly you don't know what the 1st amendment means.

[–] JasonDJ@lemmy.zip 1 points 1 month ago (1 children)

Do you not understand the difference between criminal and civil?

This is like 4th grade social studies my man. Maybe you should go back.

[–] atzanteol@sh.itjust.works 0 points 1 month ago (1 children)

Sooo - this is slander or libel then???

[–] JasonDJ@lemmy.zip 1 points 1 month ago* (last edited 1 month ago) (1 children)

My client isn't very good at showing context. What is this about? Biden or Swift?

Anyway...violent threats aren't protected speech...

• The First Amendment does not protect violent or unlawful conduct, even if the person engaging in it intends to express an idea. United States v. O’Brien, 391 U.S. 367, 376 (1968).

• The First Amendment does not protect speech that incites imminent violence or lawlessness. Brandenburg v. Ohio, 395 U.S. 444, 447 (1969).

And also a federal felony...

It is is felony under federal law to communicate a threat to injure or kidnap another person online, by phone or mail, or using other interstate channels. 18 U.S.C. § 875(c)

It is a felony under federal law to intentionally “solicit, command, induce, or otherwise endeavor to persuade” another person to engage in a crime of violence against a person or property. 18 U.S.C. § 373.

(PDF link hosted by Georgetown University Law Center) https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/12/Fact-Sheet-on-Threats-Related-to-the-Election.pdf

[–] atzanteol@sh.itjust.works 0 points 1 month ago

"true threats" and "imminent lawless action" have meanings that most people wildly misunderstand though. The courts take a narrow view on both.